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AVATAR DEVELOPMENT v. DEPANI CONST., INC.

No. 4D03-3244.

883 So.2d 344 (2004)

AVATAR DEVELOPMENT CORPORATION, Appellant, v. DePANI CONSTRUCTION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 28, 2004.

Attorney(s) appearing for the Case

John H. Pelzer of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellant.

Robert E. Ferencik, Jr. and Lisa K. North of Ferencik Libanoff Brandt Bustamante and Williams, P.A., Fort Lauderdale, for appellee.

WARNER, J.

Avatar Development Corporation appeals from a trial court order denying it prevailing party attorney's fees in a breach of contract and construction lien litigation, even though Avatar had prevailed on significant issues in the litigation. Because appellee DePani Construction, Inc. also prevailed on one claim, the trial court refused to award attorney's fees. We conclude that under the particular facts of this...

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