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GALE INDUSTRIES, INC. v. TRYTEK

No. 5D06-1569.

960 So.2d 805 (2007)

GALE INDUSTRIES, INC., etc., Appellant, v. Frank J. TRYTEK and Cathy L. Trytek, Appellee.

District Court of Appeal of Florida, Fifth District.

Order Denying Rehearing and Granting Certification August 3, 2007.

Attorney(s) appearing for the Case

Edward M. Baird and Mark T. Snelson, of Wright, Fulford, Moorhead & Brown, P.A., Orlando, for Appellant.

Michael R. D'Lugo, of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Orlando, for Appellee.

MONACO, J.

The appellant, Gale Industries, Inc., seeks review of a final order determining that the appellees, Frank J. Trytek and Cathy L. Trytek, were the prevailing parties for the purpose of the trial court's award of attorneys' fees pursuant to section 713.29, Florida Statutes (2005). Because we conclude that Gale Industries was the prevailing party in this construction lien foreclosure, we reverse.

Mr. and Mrs. Trytek were building a new residence. As...

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