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LUIZZA v. YAEGER

No. 90-00686.

571 So.2d 600 (1990)

Percy Louis LUIZZA, Appellant, v. Elva S. YAEGER, Appellee.

District Court of Appeal of Florida, Second District.

December 28, 1990.

Attorney(s) appearing for the Case

Thomas P. Whitaker, Jr. of Price, Price & Prouty, Bradenton, for appellant.

Charles J. Cheves of Cheves, Rapkin & DeCiantis, P.A., Venice, for appellee.

ON MOTION FOR CLARIFICATION

We grant Appellant's motion for clarification. We withdraw our opinion of October 26, 1990, and substitute the following.

THREADGILL, Judge.

Percy Luizza, defendant below, appeals from a final order denying his motion for attorney's fees and costs. We affirm that portion of the order which denied attorney's fees, but reverse and remand as to costs.

During the pendency of a suit for personal injuries arising out...

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