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HYDER v. ACOUSTI ENG'G CO. OF FLORIDA

No. 79-76.

384 So.2d 315 (1980)

Leo C. HYDER and S.D. Hyder, Individually and D/B/a H & H Construction Company, Appellants, v. ACOUSTI ENGINEERING COMPANY OF FLORIDA and United States Fidelity and Guaranty Company, Appellees.

District Court of Appeal of Florida, Fifth District.

June 11, 1980.

Attorney(s) appearing for the Case

Christopher W. Wickersham, Daytona Beach, for appellants.

Charles D. Hood, Jr., Daytona Beach, for appellees.

FRANK D. UPCHURCH, Jr., Judge.

This is an appeal from a final judgment of the Circuit Court for Volusia County.

The question presented is whether section 627.756, Florida Statutes (1977),1 limits an award of attorney's fees to 12.5 percent of the damages awarded by the jury against a subcontractor who has obtained a performance bond notwithstanding that the subcontract agreement provided for a "reasonable" attorney's fee.

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