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LOCHRANE ENGINEERING, INC. v. WILLINGHAM REALGROWTH INV. FUND, LTD.

No. 88-1501, 88-1502.

563 So.2d 719 (1990)

LOCHRANE ENGINEERING, INC. and Frank N. Anderson, Appellants, v. WILLINGHAM REALGROWTH INVESTMENT FUND, LTD., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 10, 1990.

Attorney(s) appearing for the Case

James C. Mize, Jr., of Bull & Mize, Orlando, for appellant Lochrane Engineering, Inc.

John H. Bill of Allen, Brown & Builder, P.A., Winter Park, for appellant Frank N. Anderson.

Marvin E. Rooks of Rooks & Willingham, Maitland, for appellees.

ON MOTION FOR ATTORNEY'S FEES

COWART, Judge.

Willingham sued Anderson on three theories, one being on tort, the second being on implied warranty and the third being on breach of an express contract providing for attorney's fees to the prevailing party. Willingham, the plaintiff, prevailed on his implied warranty theory of recovery but Anderson, the defendant, prevailed as to the counts sounding in tort and the express contract providing for attorney's fees...

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