REMOVA POOL FENCE CO. v. ROTH

No. 93-2080.

647 So.2d 1022 (1994)

REMOVA POOL FENCE CO., Appellant, v. Barry ROTH and Roll-A-Way Protective Pool Fence, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

December 21, 1994.


Attorney(s) appearing for the Case

Larry Klayman of Klayman & Associates, P.C., Washington, DC, for appellant.

Mark S. Meland and Peter D. Russin of Meland & Russin, P.A., Miami, for appellant, withdrawn after filing brief.

Lee Milich of Lee Milich, P.A., North Miami, for appellees.


PER CURIAM.

This is an appeal of an award of attorney's fees. Appellant filed a multi-count complaint below which appellees removed to federal court. On December 28, 1990, the federal district court sua sponte declined to exercise its pendent jurisdiction over the state law claims and dismissed several of the claims, but not all of them, without prejudice. However, the court did not remand the state claims until July 7, 1993.

In May of 1993, appellees filed...

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