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AMERICAN GENERAL LIFE AND ACC. INS. CO. v. SPURLOCK

No. 2D01-4546.

821 So.2d 1132 (2002)

AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE COMPANY, Appellant, v. Stanley A. SPURLOCK, Robert C. O'Leary and Anthony C. Ballard, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 29, 2002.

Attorney(s) appearing for the Case

Charles W. Pittman of Macfarlane Ferguson and McMullen, Tampa, for Appellant.

Gregory P. Abaray of Law Offices of Neal L. O'Toole, P.A., Bartow, for Appellee Stanley A. Spurlock.

GREEN, Judge.

The plaintiff, American General Life and Accident Insurance Company, filed suit against the defendant, Stanley A. Spurlock, alleging that he violated a covenant not to compete. Spurlock filed a motion for sanctions seeking attorney's fees. Realizing it lacked sufficient evidence to prove its case against Spurlock, American General took a nonsuit. American General appeals the trial court's final judgment awarding Spurlock attorney's fees. We reverse....

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