O'HARA GALLERY, INC. v. NADER

No. 3D04-1243.

892 So.2d 512 (2004)

O'HARA GALLERY, INC., Appellant, v. Gary NADER, d/b/a Gary Nader Fine Art, Galera de Arte Nader, and Galera de Arte Nader, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 23, 2005.


Attorney(s) appearing for the Case

Bruce E. Loren, West Palm Beach, for appellant.

Sandler & Sandler and Martin L. Sandler, Miami, for appellees.

Before SCHWARTZ, C.J., and LEVY, J., and DAUKSCH, James C., Jr., Senior Judge.


DAUKSCH, Senior Judge.

This is an appeal from an order denying attorney's fees sought by the plaintiff against the defendant because no viable defense to the action was raised. Because defendant drew out this matter before finally conceding that there was no viable defense, we reverse.

On March 20, 2002, plaintiff filed a complaint against defendant, claiming $55,000 as the balance owed for two art pieces. On April 9, 2002, defendant answered the complaint...

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