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DELMAR DEVELOPMENT CORPORATION v. MacNEIL

No. 85-1193.

481 So.2d 1318 (1986)

DELMAR DEVELOPMENT CORPORATION, Appellant, v. Hector MacNEIL and Phyllis MacNeil, Appellees.

District Court of Appeal of Florida, Fourth District.

February 5, 1986.

Attorney(s) appearing for the Case

David P. Ackerman of Gunster, Yoakley, Criser & Stewart, P.A., Palm Beach, for appellant.

No appearance on behalf of appellees.

PER CURIAM.

We reverse the trial court's order, denying appellant its attorney's fee, and remand for an award of same. The parties' contract provided for a fee to be awarded the prevailing party in the event of litigation between them; and appellant prevailed in its defense of count I of appellee's complaint, which was, in our view, clearly predicated upon the parties' contract.

ANSTEAD, GLICKSTEIN and WALDEN...

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