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ROBERT C. MALT & CO. v. CARPET WORLD DISTRIBUTORS, INC.

No. 4D99-3876.

770 So.2d 303 (2000)

ROBERT C. MALT & CO., Appellant, v. CARPET WORLD DISTRIBUTORS, INC., Richard Susco & Gerald Martin, Appellees.

District Court of Appeal of Florida, Fourth District.

November 8, 2000.

Attorney(s) appearing for the Case

Richard S. Tolbert, West Palm Beach, for appellant.

Ronald E. Crescenzo of Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell, West Palm Beach, for Appellee-Richard Susco.

SHAHOOD, J.

We have for review the trial court's order granting attorney's fees to appellee. We reverse.

This action arises out of a breach of contract suit filed by appellant, Robert C. Malt & Co. ("Malt") against Carpet World Distributors, Gerald Martin, and appellee, Richard Susco ("Susco"). The trial court granted Susco's motion to dismiss the third amended complaint filed against him, individually. That order was the subject of a separate appeal....

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