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KAUFMAN v. HELLER

No. 91-1054.

616 So.2d 1064 (1993)

Robert S. KAUFMAN, Individually and as Trustee, Appellant, v. Dan P. HELLER, as Personal Representative of the Estate of Gary D. May and Daryl Scott, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 18, 1993.

Attorney(s) appearing for the Case

Mallory H. Horton, Miami, for appellant.

Ruden, Barnett, McClosky, Smith, Schuster & Russell and John H. Pelzer, Fort Lauderdale, for appellees.

Before SCHWARTZ, C.J., and BASKIN and GERSTEN, JJ.

PER CURIAM.

Landlord Robert S. Kaufman appeals a final judgment awarding tenants/counterclaimants, Gary D. May and Daryl Scott, damages and attorney's fees. We reverse the fee award to the tenants and remand for an award of attorney's fees to the landlord.

The landlord filed an action against the tenants seeking possession of the leased premises, costs and fees. During the pendency of the proceedings, the lease term expired; however, the tenants remained in...

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