WALTER J. GOULD, TRUSTEE, AND HIS ATTORNEYS, ELSIE T. APTHORP AND GAVIN D. LEE, APPELLANTS,
v.
BANK OF CENTRAL FLORIDA, A FLORIDA BANKING CORPORATION, AND THE PAYMASTER CORPORATION, AN ILLINOIS CORPORATION, APPELLEES
WALTER J. GOULD, TRUSTEE, AND HIS ATTORNEYS, ELSIE T. APTHORP AND GAVIN D. LEE, APPELLANTS,
BANK OF CENTRAL FLORIDA, A FLORIDA BANKING CORPORATION, AND THE PAYMASTER CORPORATION, AN ILLINOIS CORPORATION, APPELLEES
621 So. 2d 588
Florida District Court of Appeal, Fifth District (1993)
Opinion of the Court
HARRIS, Chief Judge.
Walter Gould, as trustee, sued the Bank of Central Florida because the bank had improperly cashed checks based on an unauthorized endorsement. Unfortunately, the action was filed beyond the statute of limitations and the cause was dismissed on motion. The Bank of Central Florida then moved for, and was awarded, attorney’s fees under section 57.105, Florida Statutes. We reverse on the authority of Piancone v. Engineering Design, Inc., 534 So. 2d 896 (Fla. 5th DCA1988).