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LOSADA v. HUMANA MEDICAL PLAN, INC.

No. 94-2498.

659 So.2d 367 (1995)

Jose LOSADA, Appellant, v. HUMANA MEDICAL PLAN, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 13, 1995.

Attorney(s) appearing for the Case

Manzini & Stevens and Nicolas A. Manzini and Maidenly Sotuyo-Macaluso, for appellant.

Stroock & Stroock & Lavan and Steven J. Solomon, for appellee.

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

PER CURIAM.

Jose Losada appeals the denial of attorney's fees and costs in an action brought against him by appellee Humana Medical Plan, Inc. We affirm in part and reverse in part.

Humana filed suit against Losada seeking injunctive relief under subsection 812.035(6), Florida Statutes (1989). We agree with Losada that attorney's fees are awardable to a defendant under subsection 812.035(7), Florida Statutes, where a private plaintiff seeks injunctive relief...

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