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MOTTER ROOFING, INC. v. LEIBOWITZ

No. 3D01-2601.

833 So.2d 788 (2002)

MOTTER ROOFING, INC., Petitioner, v. Brian LEIBOWITZ, and Terry Leibowitz, his wife, Respondents.

District Court of Appeal of Florida, Third District.

March 13, 2002.

Attorney(s) appearing for the Case

H. Hugh McConnell, Coral Gables, for appellant.

Randy D. Ellison (West Palm Beach), for appellees.

Before JORGENSON, GERSTEN, and SORONDO, JJ.

CONFESSION OF ERROR

PER CURIAM.

We reverse the order denying appellate attorney's fees based upon the respondent's proper confession of error. Section 768.79(1), Florida Statutes (2001), provides for mandatory recovery of reasonable costs and attorney's fees by a plaintiff who has prevailed upon the merits, providing the plaintiff has complied with the requirements of the statute. See Hartley v. Guetzloe, 712 So.2d 817

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