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W.W. PLASTERING, INC. v. CHISM CONSTRUCTION, INC.

No. 1D04-1289.

898 So.2d 276 (2005)

W.W. PLASTERING, INC., a Florida corporation, Appellant, v. CHISM CONSTRUCTION, INC., a Florida corporation; Wayne R. Chism, individually; Lorie L. McCarroll, individually; Daniel J. Gallagher, individually; and Marion D. Gallagher, individually, Appellees.

District Court of Appeal of Florida, First District.

April 12, 2005.

Attorney(s) appearing for the Case

John R. Stiefel, Jr., of Holbrook, Akel, Cold, Stiefel & Ray, P.A., Jacksonville, for Appellant.

Clyde W. Davis, Fernandina Beach, for Appellees.

PER CURIAM.

This is an appeal from an order awarding attorney's fees to the defendants in an action to foreclose a mechanic's lien. We conclude that the order was entered in the absence of a motion for fees and therefore we reverse as to this fee award. Although it is true that the defendants filed a motion for attorney's fees on October 17, 2001, that motion was made in connection with an earlier action, which had been voluntarily dismissed. The effect of the motion...

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