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FLY HIGH FAMILY LTD. PARTNERSHIP v. CELESTIN

No. 95-2326.

679 So.2d 40 (1996)

FLY HIGH FAMILY LIMITED PARTNERSHIP, Appellant, v. Josephat CELESTIN and, Joe Celestin, Inc., Appellees.

District Court of Appeal of Florida, Third District.

August 21, 1996.

Attorney(s) appearing for the Case

Walter G. Latimer, Fort Lauderdale, for appellant.

Josephat Celestin, in proper person.

Before COPE, GODERICH and GREEN, JJ.

PER CURIAM.

The plaintiff below, Fly High Family Limited Partnership, appeals from the trial court's final order denying its request for contractual attorney's fees and costs. We reverse based on the authority of Rice v. Campisi, 446 So.2d 1120 (Fla. 3d DCA), review denied, 456 So.2d 1182 (Fla.1984). In the instant case, as in Rice, "[t]here has been no showing that the ... foreclosure action, though unsuccessful...

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