ATKINS v. ERIS

No. 1D03-0306.

873 So.2d 1264 (2004)

Danny ATKINS and Jan Walker, Appellants, v. Grace ERIS and Kaye C. Howerton, Appellees.

District Court of Appeal of Florida, First District.

May 28, 2004.


Attorney(s) appearing for the Case

Charles F. Beall, Jr., of Moore, Hill & Westmoreland, P.A., Pensacola, for Appellants.

R. John Westberry of Holt & Westberry, P.L., Pensacola, for Appellees.


VAN NORTWICK, J.

Danny Atkins and Jan Walker seek reversal of a supplemental final judgment in favor of appellees, Grace Eris and Kaye C. Howerton, assessing attorney's fees against Walker and assessing costs against Atkins and Walker. For the reasons that follow, we reverse.

On December 10, 2001, the trial court entered a final judgment following a bench trial in August 2001 in an action brought by Eris against Walker and Atkins seeking to rescind a warranty...

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