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SCRUGGS v. SUTTON

No. 3D07-845.

970 So.2d 853 (2007)

Stan E. SCRUGGS, Willie Alexander Scruggs, and Alex Dane Scruggs, Appellants, v. D.W. SUTTON, Appellee.

District Court of Appeal of Florida, Third District.

November 14, 2007.

Attorney(s) appearing for the Case

Segredo & Weisz and Samuel C. Cozzo, for appellants.

Greenman & Manz and Franklin D. Greenman, Marathon, for appellee.

Before COPE and SALTER, JJ., and FLETCHER, Senior Judge.

COPE, J.

Stan E. Scruggs, Willie Alexander Scruggs, and Alex Dane Scruggs ("the Scruggs") appeal a judgment awarding attorney's fees to D.W. Sutton ("Sutton"). We conclude that the judgment must be reversed.

The Scruggs filed a second amended complaint for eviction and ejectment against Sutton. For the eviction count, the Scruggs requested attorney's fees under section 83.48, Florida Statutes (2004). Sutton answered the second amended complaint and filed a...

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