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LION OIL COMPANY v. TAMARAC LAKES, INC.

No. 577.

232 So.2d 20 (1970)

LION OIL COMPANY, Inc., Appellant, v. TAMARAC LAKES, INC., a Florida Corporation, and Robert Reynolds D/B/a Bay to Bay Dredging, Appellees.

District Court of Appeal of Florida, Fourth District.

February 23, 1970.

Attorney(s) appearing for the Case

Kenneth G. Stevens, of Dale & Stevens, Fort Lauderdale, for appellant.

No appearance for appellees.

PER CURIAM.

The plaintiff, Lion Oil Company, Inc., appeals from a final judgment for attorney's fees entered against it and in favor of defendant, Tamarac Lakes, Inc. We affirm.

This action arose when plaintiff filed suit on 5 August 1965 to foreclose a mechanic's lien against the defendant.

On 26 August 1965 the defendant, Tamarac Lakes, filed a motion to dismiss upon which no ruling was entered. On 29 September 1965 plaintiff (pursuant to F.R.

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