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HOME MEDICAL SUPPLY, INC. v. SCHLOSS

No. 4D99-4152.

770 So.2d 1280 (2000)

HOME MEDICAL SUPPLY, INC., Appellant, v. Jay SCHLOSS, Appellee.

District Court of Appeal of Florida, Fourth District.

November 15, 2000.

Attorney(s) appearing for the Case

Richard A. Sherman and Rosemary B. Wilder of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and Daniel Lemongello of the Law Offices of Samuel Tyler Hill, P.A., Fort Lauderdale, for appellant.

David B. Pakula of Fazio, Dawson, Di-Salvo, Cannon, Abers, Podrecca & Fazio, Fort Lauderdale, for appellee.

PER CURIAM.

The Appellant, Home Medical Supply, Inc. ("Home Medical"), appeals the trial court's order granting the Appellee, Jay Schloss', motion for new trial, arguing the trial court's reasoning was erroneous. We agree and reverse and remand.

After trial, Home Medical filed a motion for attorney's fees and costs and an affidavit of fees, which indicated costs of $6,169.80 for one of their medical experts. In response, Schloss filed a motion for new trial...

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