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COMMONWEALTH PROPERTY ASSOCIATES, INC. v. SUNTRUST BANK

Nos. 2D01-850, 2D01-1968.

835 So.2d 1175 (2002)

COMMONWEALTH PROPERTY ASSOCIATES, INC., a Florida corporation, and S.W. Enterprise Associates, Inc., a Florida corporation, Appellants/Cross-Appellees, v. SUNTRUST BANK, SOUTHWEST FLORIDA, a Florida corporation and State Chartered Bank, f/k/a Sunbank of Lee County, N.A., Appellee/Cross-Appellant. SunTrust Bank, Southwest Florida, a Florida corporation and State Chartered Bank, f/k/a Sunbank of Lee County, N.A., Appellant, v. Commonwealth Property Consolidated Associates, Inc., a Florida corporation, and S.W. Enterprise Associates, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 3, 2003.

Attorney(s) appearing for the Case

Robert E. Doyle, Jr., James T. Demarest, and Lilliana M. Farinas of Quarles & Brady, LLP, Naples, for Commonwealth Property Associates, Inc. and S.W. Enterprise Associates, Inc.

Theodore L. Tripp, Jr. and Elisa S. Worthington of Garvin & Tripp, P.A., Fort Myers, for SunTrust Bank, Southwest Florida.

SILBERMAN, Judge.

In this consolidated appeal, Commonwealth Property Associates, Inc., and S.W. Enterprise Associates, Inc., appeal the order awarding attorney's fees to SunTrust Bank. SunTrust cross-appeals the same order and appeals the order granting, in part, its motion to tax costs. We reverse the award of attorney's fees to SunTrust because it was not entitled to recover fees pursuant to its offers of judgment when the lawsuit was voluntarily dismissed without...

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