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HORNADAY v. GRADEN

No. 97-03927.

727 So.2d 1049 (1999)

Sherry HORNADAY and John Hornaday, her husband, Appellants, v. Nile A. GRADEN and Jonathan Zurit, Deborah Kless and Abby Gail Brawer, as co-personal representatives of the Estate of David Zurit (Deceased) and Allstate Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

February 24, 1999.

Attorney(s) appearing for the Case

Karol K. Williams and Allison M. Perry, Tampa, for Appellants.

Kimberly A. Staffa and David J. Abbey of Fox, Grove, Abbey, Adams, Bylick & Kiernan, L.L.P., St. Petersburg, for Appellees Zurit, Kless and Brawer.

No appearance for Nile A. Graden.

Richard R. Garland of Dickinson & Gibbons, P.A., Sarasota, for Appellee Allstate Insurance Company.

THREADGILL, Acting Chief Judge.

In this personal injury action, the appellants, Sherry and John Hornaday, challenge two separate orders which, pursuant to the voluntary dismissal of this lawsuit, respectively award fees and costs to the co-representatives of the estate of David Zurit and to Allstate Insurance Company, the appellees herein. We reverse in part and affirm in part.

In May 1995, the Hornadays filed suit against the appellees for personal injuries...

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