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SUBWAY RESTAURANTS, INC. v. THOMAS

No. 4D02-3627.

860 So.2d 462 (2003)

SUBWAY RESTAURANTS, INC., Appellant, v. Homer THOMAS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 22, 2003.

Attorney(s) appearing for the Case

Robert D. McIntosh and Rachel M. Coe of Adorno & Yoss, P.A., Fort Lauderdale, for appellant.

Kenneth D. Cooper of Kenneth D. Cooper, P.A., Fort Lauderdale, for appellee.

HAZOURI, J.

Subway Restaurants, Inc., appeals from the trial court's final judgment awarding attorney's fees to Homer Thomas pursuant to section 57.105(6), Florida Statutes (2002). We reverse.

Subway filed suit under their franchise agreement to evict Thomas, a franchisee of Subway, from the premises of Thomas's Subway franchise. A default judgment was entered against Thomas which was later vacated. Thomas subsequently filed suit against Subway for wrongful...

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