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OCALA PAVERS, INC. v. FLORIDA-GEORGIA TRACTOR CO.

No. 82-278.

434 So.2d 34 (1983)

OCALA PAVERS, INC., a Florida Corporation, Appellant, v. FLORIDA-GEORGIA TRACTOR COMPANY, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fifth District.

July 7, 1983.

Attorney(s) appearing for the Case

William C. Haldin, Jr., of Matthies & Cross, P.A., Ocala, for appellant.

James E. Foster, of Fishback, Davis, Dominick & Bennett, Orlando, for appellee.

PER CURIAM.

This matter was determined en banc pursuant to Florida Rule of Appellate Procedure 9.331(a) because of a potential conflict with a decision in another case pending before this court.

We affirm the order appealed which declined to set aside the default judgment. We reverse the award of attorney's fees because no notice of hearing as to the application for fees was served upon the parties in default as required...

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