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R.W. KING CONST. v. CITY OF MELBOURNE

No. 78-2010/T4-208.

384 So.2d 654 (1980)

R.W. KING CONSTRUCTION COMPANY, INC., and United States Fidelity and Guaranty Company, Appellants, v. CITY OF MELBOURNE, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

On Rehearing May 28, 1980.

Rehearing Denied June 5, 1980.

Attorney(s) appearing for the Case

Thomas E. Thoburn, Cocoa Beach, for appellants.

Elting L. Storms of Storms, Pappas & Krasny, P.A., Melbourne, for appellee.

ORFINGER, Judge.

Defendants R.W. King Construction Company, as contractor, and United States Fidelity and Guaranty Company, as surety, appeal a final judgment for $49,131.94 entered in favor of plaintiff, City of Melbourne, based on a jury verdict, plus an award of $21,700 as attorney's fees. They contend that the jury verdict was in error and clearly demonstrates a misapprehension of the evidence; that the trial court erred in awarding attorney's fees contrary to...

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