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R & M CABINET SALES, INC. v. HALLMARK BUILDING SUPPLY

No. 92-03083.

621 So.2d 1090 (1993)

R & M CABINET Sales, Inc., a Florida Corporation, Appellant, v. HALLMARK BUILDING SUPPLY, et al., Appellees.

District Court of Appeal of Florida, Second District.

May 26, 1993.

Attorney(s) appearing for the Case

Christian B. Felden of Felden and Felden, Naples, for appellant.

Henry Paul Johnson and Robert L. Pollack of Johnson & Pollack, Naples, for appellees.

HALL, Acting Chief Judge.

The appellant, R & M Cabinet Sales, Inc., contends the trial court erred in denying it an award of attorneys' fees in this construction lien foreclosure action. We agree.

The trial court denied R & M an award of fees on the basis that a settlement offer for the principal amount of the claim had been made by the appellees, Renato and Karen Gambino, during mediation, which took place approximately four months after this lawsuit...

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