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E & A RES. OF KEYS, INC. v. BERNREUTER

No. 90-1185.

589 So.2d 436 (1991)

E & A RESTAURANTS OF THE KEYS, INC., Appellant, v. Joan BERNREUTER, et al., Appellees.

District Court of Appeal of Florida, Third District.

November 19, 1991.

Attorney(s) appearing for the Case

Conroy Simberg & Lewis and Neil Rose and Robert I. Buchsbaum, Hollywood, for appellant.

Leesfield & Blackburn and Maria L. Rubio, Miami, for appellees.

Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.

SCHWARTZ, Chief Judge.

The order awarding the plaintiffs attorney's fees purportedly pursuant to section 768.79, Florida Statutes (1989), is reversed. It is clear that the proceedings below with respect to the demand for judgment and its rejection did not comply with the procedural requirements of the then-applicable statute, which were, in any event, declared invalid in The Florida Bar re: Amendment to Rules of Civil Procedure, Rule 1.442,

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