Cowgill v. Bank of America

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ERIC COWGILL and DANA COWGILL YEAGER, Appellants, v. BANK OF AMERICA, as Personal Representative, and MICKEY COWGILL, individually, Appellees. ) ) ) ) ) ) CASE NOS. 2D02-1258 & 2D01-5425 ) -------------CONSOLIDATED------------) ) ) ) ) ) Opinion filed November 15, 2002. Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge; Maynard F. Swanson, Jr., Judge. Bonita Kneeland Brown of Fowler, White, Boggs, Banker, P.A., Tampa, for Appellants. Phillip A. Baumann and J. Richard Caskey of Akerman, Senterfitt & Eidson, P.A., Tampa, for Appellee Mickey Cowgill. No Appearance for Appellee Bank of America. WHATLEY, Judge. We affirm the summary judgment entered in favor of Mickey Cowgill on the ground that the action filed by Eric Cowgill and Dana Cowgill Yeager, the Appellants, was barred by the statute of limitations. We reverse the award of attorney s fees to Mickey Cowgill pursuant to section 57.105(1), Florida Statutes (2000), because the Appellants claim was arguably supported by material facts and then-existing law. Affirmed in part and reversed in part. STRINGER and SILBERMAN, JJ., Concur. -2-

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