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F.J.W. ENTERPRISES, INC. v. JOHNSON

No. 5D99-1115.

749 So.2d 573 (2000)

F.J.W. ENTERPRISES, INC., etc., Appellant, v. Jonathan L. JOHNSON, Appellee.

District Court of Appeal of Florida, Fifth District.

January 21, 2000.

Attorney(s) appearing for the Case

George N. Meros, Jr., of Rumberger, Kirk & Caldwell, Tallahassee, and Dennis R. Schutt of Schutt, Humphries & Becker, Jacksonville, for Appellant F.J.W., Enterprises, Inc.

J. Stephen McDonald of Robertson, Williams & McDonald, P.A., Orlando, for Appellee.

HARRIS, J.

F.J.W. Enterprises, Inc., the defendant below, appeals a final judgment awarding costs. The judgment was based on the trial court's finding that Johnson was the prevailing party. However, in a separate, prior appeal, this Court reversed the judgment favoring Johnson. F.J.W. Enterprises, Inc. v. Johnson, 746 So.2d 1145 (Fla. 5th DCA 1999), rehearing denied, (Dec. 22, 1999). Because Johnson is no longer the...

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