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SHAW v. SCHLUSEMEYER

Nos. 95-2947, 96-0587.

683 So.2d 1187 (1996)

Daniel C. SHAW, Appellant, v. Betty SCHLUSEMEYER, Appellee.

District Court of Appeal of Florida, Fifth District.

December 20, 1996.

Attorney(s) appearing for the Case

Virginia B. Townes and Stacey C. Rosenthal of Akerman, Senterfitt & Eidson, P.A., Orlando, for Appellant.

Margaret A. Wharton of Margaret A. Wharton, P.A., Oviedo, for Appellee.

ANTOON, Judge.

Mr. Shaw appeals the trial court's order directing him to pay Ms. Schlusemeyer's attorney's fees and staying the proceedings pending payment of such fees. Ms. Schlusemeyer was not entitled to receive fees because she was not a "prevailing party" under the facts in this case. Accordingly, we reverse.

David C. Shaw sued Betty Schlusemeyer for injunctive relief and damages under section 403.412, Florida Statutes (1995), Florida's Environmental...

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