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FERRARA v. LUMBERMENS MUT. CAS. CO

No. 90-2272.

592 So.2d 1273 (1992)

Marc FERRARA, Appellant, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

February 11, 1992.

Attorney(s) appearing for the Case

Carol Balkany, Daniels & Talisman and Patrice A. Talisman, Miami, for appellant.

Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Lane and Shelley H. Leinicke, Fort Lauderdale, for appellee.

Before BASKIN, COPE and GODERICH, JJ.

PER CURIAM.

Marc Ferrara appeals an order assessing costs against him in a declaratory judgment action. As the appellee insurer was the prevailing party at trial, costs were properly assessed under section 57.041, Florida Statutes (1989). Any contention regarding the other declaratory judgment codefendant, who is not a party to this appeal, is not properly before us.

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