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AJAX PAVING INDUSTRIES, INC. v. HARDAWAY CO.

No. 2D01-4362.

824 So.2d 1026 (2002)

AJAX PAVING INDUSTRIES, INC., Appellant, v. The HARDAWAY COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

August 30, 2002.

Attorney(s) appearing for the Case

Stuart Jay Levine and Joseph F. Summonte, Jr., of Walters Levine Brown Klingensmith & Thomison, P.A., Sarasota, for Appellant.

Leo H. Meirose, Jr., of Meirose & Friscia, P.A., Tampa, for Appellee.

COVINGTON, Judge.

The appellant, Ajax Paving Industries, Inc. (Ajax), challenges an order denying its motion for prevailing party attorney's fees. Ajax requested such fees after the appellee, The Hardaway Company (Hardaway), voluntarily dismissed its third-party indemnity action against Ajax. We reverse.

According to the third-party complaint, Hardaway, a large-scale industrial contractor, entered into an agreement with Lee County in May 1995 "to construct...

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