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GRANGER ASPHALT PAVING, INC. v. PELLAR

No. 95-3851.

674 So.2d 907 (1996)

GRANGER ASPHALT PAVING, INC., Appellant, v. Joseph R. PELLAR, Appellee, and Sweetwater Village Development, Inc., Appellee.

District Court of Appeal of Florida, First District.

June 4, 1996.

Attorney(s) appearing for the Case

Larry A. Bodiford of Hutto and Bodiford, Panama City, for Appellant.

Steve Lewis and John W. Forehand of Lewis, Longman & Walker, P.A., Tallahassee, for Appellees.

PER CURIAM.

We affirm the lower court's order awarding Appellee Joseph Pellar attorneys' fees and costs under Chapter 713, Florida Statutes. However, as stated in Granger Asphalt Paving, Inc. v. Pellar, 668 So.2d 345 n. 1 (Fla. 1st DCA 1996), Appellee Sweetwater Village Development, Inc., is not entitled to such fees and costs. Accordingly, we remand for the lower court to strike reference to Sweetwater Village Development...

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