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PAT MARTENS CUSTOM HOMES CO. v. LANDSTEINER

No. 97-03748.

711 So.2d 1338 (1998)

PAT MARTENS CUSTOM HOMES CO., a Florida corporation, Appellant, v. Karl C. LANDSTEINER and Joyce A. Landsteiner, Husband and Wife, Appellees.

District Court of Appeal of Florida, Second District.

June 10, 1998.

Attorney(s) appearing for the Case

Harry A. Blair of Harry A. Blair, P.A., Fort Myers, for Appellant.

Karl C. Landsteiner of Goetz, Hartman & Landsteiner, Fort Myers, for Appellees.

PARKER, Chief Judge.

Pat Martens Custom Homes Co. (Martens Homes) appeals the final judgment awarding attorney's fees and costs to Karl and Joyce Landsteiner in this contract action. We reverse.

The parties entered into a contract for the construction of a home for the Landsteiners. Two years later, Martens Homes filed an action against the Landsteiners for breach of contract. The Landsteiners filed a motion to dismiss; however, before ruling on the motion...

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