
    John Marshall PHILLIPS, Appellant, v. Fred Ernest TAYLOR, Appellee.
    No. 90-00991.
    District Court of Appeal of Florida, Second District.
    March 6, 1991.
    Samuel R. Mandelbaum and Robert J. Scanlan, Smith & Williams, P.A., Tampa, for appellant.
    No appearance for appellee.
   PER CURIAM.

On the authority of Aspen v. Bayless, 564 So.2d 1081 (Fla.1990), which was decided after the trial court denied the motion to tax costs and attorneys’ fees, we reverse. We remand for entry of an award for appellant, defendant below, in accordance with Florida Rule of Civil Procedure 1.442 and sections 768.79 and 45.061, Florida Statutes (1989).

SCHEB, A.C.J., and FRANK and ALTENBERND, JJ., concur.  