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MILITANA v. COSBY

No. 94-00946.

647 So.2d 910 (1994)

Marie MILITANA and Richard Militana, Appellants, v. Betty J. COSBY, Appellee.

District Court of Appeal of Florida, Second District.

November 30, 1994.

Attorney(s) appearing for the Case

Frederick F. Rudzik of Frederick F. Rudzik, P.A., St. Petersburg, for appellant.

James D. Eckert of Belcher, Fleece & Eckert, St. Petersburg, for appellee.

BLUE, Judge.

Marie Militana and Richard Militana appeal the award of attorneys' fees in conjunction with a final judgment in Betty Cosby's favor. We affirm the award of fees against Richard Militana but reverse the award against Marie Militana. Because only Richard Militana signed the promissory note that authorizes the fee award, we direct the trial court to strike the fees from the lien against the property and assess them only against Richard Militana.

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