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TANGERINE BAY v. DERBY ROAD INVESTMENTS

No. 94-04347.

664 So.2d 1045 (1995)

TANGERINE BAY COMPANY, a Florida Corporation, Appellant, v. DERBY ROAD INVESTMENTS and the Mariner Group, Inc., as General Partners for Robb & Stucky, Ltd., Appellees.

District Court of Appeal of Florida, Second District.

November 29, 1995.

Attorney(s) appearing for the Case

Barry R. Lewis, Jr., of Davis, Persson, Smith & Darnell, Sarasota, for Appellant.

B.V. Dannheisser, III, of Dannheisser & Wallace, P.A., Sarasota, for Appellees.

PATTERSON, Judge.

Tangerine Bay Company appeals from an order denying its motion to determine entitlement to attorney's fees, entered after Derby Road Investments and The Mariner Group, Inc., as general partners for Robb & Stucky, Ltd. (Robb & Stucky), voluntarily dismissed their claims for breach of contract and civil theft. We reverse and remand for a hearing on attorney's fees.

In December 1990, Robb & Stucky and Tangerine Bay entered into a...

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