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CACACE v. SUPERIOR PAVING, INC.

No. 86-1015.

500 So.2d 745 (1987)

Tito CACACE, Sr., and Constance Cacace, His Wife, Appellants, v. SUPERIOR PAVING, INC., Appellee.

District Court of Appeal of Florida, Second District.

January 16, 1987.

Attorney(s) appearing for the Case

Marshal G. Slaughter and C. Ray McDaniel, Bartow, for appellants.

William M. Midyette, III, of Harris, Midyette & Clements, P.A., Lakeland, for appellee.

SCHEB, Acting Chief Judge.

We vacate that part of the final judgment awarding attorney's fees to appellant since such fees were awarded without proper notice and hearing and without stipulation of the parties. Otherwise, we affirm the final judgment.

We remand without prejudice to appellee, as prevailing party in this litigation, to promptly file a motion to assess attorney's fees in accordance with Section 713.29, Florida Statutes (1985). See NCN Electric...

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