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IN RE GRUBBS CONST. CO.

Bankruptcy No. 03-08573-8W1, Adversary No. 03-0347.

306 B.R. 372 (2004)

In re GRUBBS CONSTRUCTION COMPANY, Debtor. National Erosion Control, Inc., Plaintiff, v. Grubbs Construction Company and United States Fire Insurance Company, Defendants.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

March 15, 2004.

Attorney(s) appearing for the Case

James S. Myers, Esq., Irene A. Bassel, Esq., McRae & Metcalf, P.A., Tampa, FL, for U.S. Fire.

Shawn M. Brannagan, Esq., The Hogan Law Firm, Brooksville, Fl, for Debtor.

Amanda Peralta Jarret, Esq., Clark, Campbell & Mawhinney, P.A., Lakeland, FL, for NEC.

MEMORANDUM DECISION AND ORDER ON UNITED STATES FIRE INSURANCE COMPANY'S MOTION FOR ATTORNEYS' FEES AND COSTS AND NATIONAL EROSION CONTROL, INC.'S MOTION FOR FEES AND COSTS

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

Under Florida law, the prevailing party is entitled to recover its attorney's fees in any action to enforce a claim against a payment bond. Where two independent claims are alleged, as opposed to alternative theories of liability...

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