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LARRY'S ICE CREAM PARLOURS v. NORTHDALE COURT, LTD.

No. 89-01804.

556 So.2d 803 (1990)

LARRY'S OLDE FASHIONED ICE CREAM PARLOURS, INC., Appellant, v. NORTHDALE COURT, LTD., a Florida Limited Partnership, Immenhausen, N.V., General Partner, Appellees.

District Court of Appeal of Florida, Second District.

February 14, 1990.

Attorney(s) appearing for the Case

Alan K. Smith of Strohauer & Smith, P.A., Clearwater, for appellant.

John N. Samaha, St. Petersburg, for appellees.

LEHAN, Judge.

We reverse the trial court's denial of defendant's motion for attorney's fees following the voluntary dismissal of the fourth amended complaint in this lawsuit. The suit was a claim for breach of a lease agreement. The lease agreement entitled the prevailing party in any litigation arising out of that agreement to recover attorney's fees.

Defendant was the prevailing party. Stuart Plaza, Ltd. v. Atlantic Coast Development, Corp.,

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