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SWEENEY v. ROCHE

No. 89-2535.

571 So.2d 581 (1990)

Ben Charles SWEENEY, Appellant, v. John C. ROCHE, Individually and As Personal Representative of the Estate of Marguerite M. McDuffie, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

December 28, 1990.

Attorney(s) appearing for the Case

Wayne R. McDonough of Saliba & McDonough, P.A., Vero Beach, for appellant.

Robert C. Nall of McKinnon, Stewart, Nall & McKinnon, Chartered, Vero Beach, for appellee.

PER CURIAM.

We affirm the judgment appealed from and grant appellee's motion for allowance of attorney's fees conditionally upon a finding by the trial court on remand that appellee has a need therefor and the appellant has the ability to pay.

DOWNEY, LETTS and WALDEN...

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