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DANNER CONST. COMPANY, INC. v. REYNOLDS METALS CO.

No. 2D99-381.

760 So.2d 199 (2000)

DANNER CONSTRUCTION COMPANY, INC., Appellant, v. REYNOLDS METALS COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 31, 2000.

Attorney(s) appearing for the Case

Michael S. Rywant and Jill Deziel Emerson of Rywant, Alvarez, Jones, Russo & Guyton, P.A., Tampa, and Raymond T. Elligett, Jr. of Schropp, Buell & Elligett, P.A., Tampa, co-counsel for Appellant.

Lori J. Caldwell and David B. Shelton of Rumberger, Kirk & Caldwell, Orlando, for Appellee.

FULMER, Judge.

This appeal concerns the trial court's denial of the defendant's motion for costs and attorney's fees. We reverse both the denial of costs and the trial court's ruling on attorney's fees.

The plaintiff, Reynolds Metals Company ("Reynolds"), sued Danner Construction Co., Inc. ("Danner"), TMC Properties, Inc. ("TMC"), and others seeking to recover damages incurred when black smoke entered a warehouse and allegedly contaminated Reynolds' aluminum...

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