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Hess v. Fernandez2/25/2005 d costs to be determined post-verdict. I view Gorton as on all fours with the present case.
. For the reasons set forth, I conclude that the circuit court judgment should be affirmed. The circuit court did not erroneously exercise its discretion.
. I do not join the majority opinion regarding the Fund's liability for costs and reasonable actual attorney fees because the majority has delivered an unnecessary advisory opinion.
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