Lavoie v. Polk , 1988 Fla. App. LEXIS 728 ( 1988 )

PER CURIAM.

The order dismissing the complaint for failure to state a cause of action is affirmed. The order awarding an attorney’s fee is reversed. See Russell v. State, 417 So.2d 1119 (Fla. 5th DCA 1982).

AFFIRMED in part; REVERSED in part.

W. SHARP, C.J., and DAUKSCH and ORFINGER, JJ., concur.