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VAN HEZEWYK v. NALL

No. 94-1609.

668 So.2d 1113 (1996)

Anita VAN HEZEWYK, Classic Homes and Investments, Inc. and Edward Clay, Cross-Appellant, v. Charles NALL and Traci Albanese, Cross-Appellees.

District Court of Appeal of Florida, Fourth District.

March 6, 1996.

Attorney(s) appearing for the Case

Peter N. Hanna, Fort Lauderdale, for cross-appellants.

Arthur J. Green of Arthur J. Green, P.A., Coral Springs, for cross-appellees.

PER CURIAM.

We reverse the trial court's denial of prevailing party attorney's fees because we conclude that this lawsuit brought by the purchaser of a residence against the seller for termite damage was based on a contract containing a prevailing party attorney's fee provision. Having reviewed a copy of the contract which was attached to the complaint, we reject the buyer's argument that the suit was not based on the contract. We therefore reverse and remand for...

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