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FLORIDA CITY DEV. CORP. v. BENRUS CONST., INC.

No. 77-159.

362 So.2d 298 (1978)

FLORIDA CITY DEVELOPMENT CORPORATION, a Florida Corporation, Appellant, v. BENRUS CONSTRUCTION, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 15, 1978.

Attorney(s) appearing for the Case

Wolf & Schoninger and Samuel Frank Schoninger, Miami, for appellant.

Charles J. Crowder, South Miami, for appellee.

Before HENDRY, J., and HELIO GOMEZ, Associate Judge, and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

This is an appeal from that portion of a final judgment which denied plaintiff an attorney's fee in an action brought by plaintiff for damages and injunctive relief wherein the defendant answered and asserted a counterclaim for foreclosure of a mechanic's lien under the provision of Chapter 713, Florida Statutes (1977).

Upon trial without a jury, the trial court entered the following final judgment:

"THIS ACTION was tried before the Court...

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