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BARILE v. DUDLEY

Nos. 91-3472, 92-0785.

614 So.2d 1154 (1993)

Angelo J. BARILE and Marie G. Barile, Appellants/Cross-Appellees, v. Ross H. DUDLEY and Brian J. Dudley, Appellees/Cross-Appellants, and Adams Investment Company, Inc., Tedd Reed and Flagler Title Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing, Clarification, Certification and Rehearing Denied April 6, 1993.

Attorney(s) appearing for the Case

David L. Gorman and Peter S. Van Keuren of David L. Gorman, P.A., North Palm Beach, for appellants/cross-appellees.

Mary E. Valletta and James M. McCann, Jr., of Mershon, Sawyer, Johnston, Dunwody & Cole, West Palm Beach, for appellees/cross-appellants.

Rehearing, Clarification, Certification and Rehearing En Banc Denied April 6, 1993.

POLEN, Judge.

We affirm the final summary judgment entered in favor of appellees Ross and Brian Dudley; however, we reverse the trial court's award of attorney's fees to appellees, and the dismissal of count I as being moot. We remand to the trial court to consider whether appellees are entitled to attorney's fees pursuant to count I, and if so, the amount thereof. The instant...

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