BALDWIN PIANO AND ORGAN CO. v. DOTE

No. 98-3689.

740 So.2d 1230 (1999)

BALDWIN PIANO AND ORGAN COMPANY, Appellant, v. Anthony and Patricia DOTE, Appellees.

District Court of Appeal of Florida, Fourth District.

August 25, 1999.


Attorney(s) appearing for the Case

Thomas F. Egan of Thomas F. Egan, P.A., Orlando, for appellant.

Gary S. Israel of Gary S. Israel, P.A., West Palm Beach, for appellees.


KLEIN, J.

After appellant obtained a final judgment in a foreclosure action, the appellees filed an action to quiet title, asserting their interest was higher in priority than appellant's, and persuaded the court in the foreclosure action to enjoin the sale. The parties extensively litigated the priority and appellant prevailed, resulting in the injunction being vacated. Appellants then sought damages in the form of attorney's fees as a result of the wrongful issuance...

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