ROYAL HEALTH CARE SERV. INC. v. LaCHANCE

No. 88-2298.

556 So.2d 833 (1990)

ROYAL HEALTH CARE SERVICES, INC., D/B/a Best Care, Appellant/Cross Appellee, v. Roger LaCHANCE and Winnie B. LaChance, His Wife, and Jefferson-Pilot Life Insurance Co., a Florida Corporation, Jointly and Severally, Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

February 21, 1990.


Attorney(s) appearing for the Case

Paul H. Bass of Krongold & Bass, P.A., Coral Gables, for appellant/cross appellee.

Jennifer Drechsel Bailey, Carol A. Fennello and Eduardo Cosio of Kimbrell & Hamann, P.A., Miami, for appellees/cross appellants.


PER CURIAM.

The record does not support the trial court's conclusion that neither party prevailed in this action. Appellant recovered the sum of $2,560 and under the terms of the contract is entitled to attorney's fees and costs not to exceed thirty percent of the amount recovered. Therefore, we reverse that part of the final judgment which denied appellant's claim for attorney's fees and costs and remand this case to the trial court with instructions to award appellant...

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