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OSTRICH AMERICA CORP. v. BROWARD WATER CONSULTANTS, INC.

No. 4D01-4195.

829 So.2d 385 (2002)

OSTRICH AMERICA CORP., a Florida corporation, Appellant, v. BROWARD WATER CONSULTANTS, INC., a Florida corporation, Rainsoft Water Conditioning Co., an Illinois corporation, Aquion Partners Limited Partnership, an Illinois limited partnership, and Aquion Corporation, an Illinois corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

November 6, 2002.

Attorney(s) appearing for the Case

Donald E. Hemke, Carlton Fields, P.A., Tampa, for appellant.

Raymond O. Holton of Catri, Holton, Kessler, Kessler & Tuzzio, P.A., Fort Lauderdale, for appellee-Broward Water Consultants, Inc., a Florida corporation.

Caryn L. Bellus, Kubicki Draper, Miami, for appellees-Rainsoft Water Conditioning Co., an Illinois corporation, Aquion Partners Limited Partnership, an Illinois limited partnership, and Aquion Corporation, an Illinois corporation.

PER CURIAM.

We find no abuse of discretion in the trial judge's order striking appellant's pleadings and entering judgment in favor of appellees. We reverse the orders on the cross-appeal. As the parties "recovering judgment," appellees were entitled to costs pursuant to section 57.041(1), Florida Statutes (2001). Also, appellees are entitled to an award of attorney's fees under section 768.79(1), Florida Statutes (1994), unless the court determines that their offer...

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