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Richard LAVOIE v. John POLK, etc.
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.