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STATE DEPT. OF CORRECTIONS v. C & W FOOD SERVICE, INC.

No. 1D99-4160.

767 So.2d 1262 (2000)

STATE of Florida, DEPARTMENT OF CORRECTIONS, Appellant, v. C & W FOOD SERVICE, INC., Appellee.

District Court of Appeal of Florida, First District.

September 25, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Jason Vail, Assistant Attorney General, Tallahassee, for Appellant.

John R. Beranek, Robert N. Clarke, Jr., and Craig D. Varn, of Ausley & McMullen, Tallahassee, for Appellee.

PER CURIAM.

The Department of Corrections appeals from an order awarding attorney's fees to appellee below. We reverse.

The trial court below entered final summary judgment in favor of appellee C & W Food Service, Inc., and awarded damages for lost profits in the action for breach of contract. The Department appealed that order (C & W I) to this court. Because of DOC's rejection of its previous offer of settlement and the damages awarded by the trial...

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