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RUSHING v. CARIBBEAN FOOD PRODUCTS

No. 1D03-3598.

870 So.2d 953 (2004)

Carole RUSHING, Appellant, v. CARIBBEAN FOOD PRODUCTS, Appellee.

District Court of Appeal of Florida, First District.

April 26, 2004.

Attorney(s) appearing for the Case

Michael Bowlus and Stacie L.C. McElroy; Ford, Jeter, Bowlus, Duss, Morgan, Kenney & Safer, P.A., Jacksonville, for Appellant.

William A. Bald, Jacksonville, for Appellee.

HAWKES, J.

Carol Rushing appeals the trial court's final order finding Caribbean Food Products, Inc., to be the prevailing party, and granting prevailing party attorney's fees and costs, following Rushing's voluntary dismissal of her third-party complaint. We affirm.

Rushing filed a third-party complaint seeking indemnity and the costs of defense from Caribbean, pursuant to an indemnity provision of a lease between the parties. Subsequently, Rushing voluntarily...

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