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FEWOX v. McMERIT CONST. CO.

No. 88-03101.

556 So.2d 419 (1989)

Robert D. FEWOX and Adalia Bayfront Condominium, Ltd., D/B/a Adalia Condominium Partnership of Florida, Appellants, v. McMERIT CONSTRUCTION COMPANY, McCarthy Construction Company, and Federal Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 5, 1990.

Attorney(s) appearing for the Case

Ted R. Manry, III and Charles W. Pittman of MacFarlane, Ferguson, Allison & Kelly, Tampa, for appellants.

Dale W. Vash of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellees.

EN BANC.

RYDER, Judge.

Appellants, who were the plaintiffs below, challenge the trial court's order denying their motion for attorney's fees against appellee Federal Insurance Company (FIC). The court denied the motion for attorney's fees relying on this court's decision in Glen Johnson, Inc. v. L.M. Howdeshell, Inc., 520 So.2d 297 (Fla. 2d DCA 1988). We reverse, and find it necessary to recede from Glen Johnson, as well as...

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