JOHN P. FOUNTAS, APPELLANT,
v.
MICROCOMPUTER RESOURCES, INC. AND PAUL P. FOUNTAS, APPELLEES
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The court reversed the trial court's award of attorney's fees and costs to Tolz under section 607.07401(5), Florida Statutes, after Tolz filed for bankruptcy and her trustee consented to reversal.
A trial court's award of attorney's fees and costs under section 607.07401(5), Florida Statutes, must be reversed when the fee-award defendant files for bankruptcy and the bankruptcy trustee consents to reversal.
John P. Fountas brought a derivative action against Marika Tolz. The trial court awarded Tolz reasonable attorney's fees and costs, finding the deriva…
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John P. Fountas (plaintiff) appeals the trial court’s award of attorney’s fees and costs in favor of Marika Tolz. The trial court concluded that Tolz was entitled to recover her reasonable attorney’s fees and costs under section 607.07401(5), Florida Statutes, because plaintiffs derivative ac*1257tion against Tolz was commenced without reasonable cause. During the course of this appeal, Ms. Tolz filed for bankruptcy. The trustee of Ms. Tolz’s bankruptcy estate represents that he does not intend to file a brief or otherwise defend this appeal, and consents to a reversal of the order appealed from, so long as no fees or costs are assessed against the bankruptcy estate.1 Upon concession of error, this Court, therefore, reverses the trial court’s award of attorney’s fees and costs.
Reversed and remanded.
WARNER, CIKLIN and CONNER, JJ., concur.
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