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RIESTERER v. CADLE CO. II

No. 2D07-3232.

981 So.2d 644 (2008)

Paul D. RIESTERER and Glenna S. Riesterer, Appellants, v. CADLE COMPANY II, an Ohio corporation, as successor in interest to Fifth Third Bank, as successor in interest to First National Bank of Florida, as successor in interest to Southern Exchange Bank, as successor in interest to Florida Bank of Commerce, Appellee.

District Court of Appeal of Florida, Second District.

May 21, 2008.

Attorney(s) appearing for the Case

Alan M. Gross of Powell, Carney, Gross, Maller & Ramsay, P.A., St. Petersburg, for Appellants.

Jonathan J. Ellis and Jenay E. Iurato of Shumaker, Loop & Kendrick, LLP, Tampa, for Appellee.

LaROSE, Judge.

Paul D. Riesterer and Glenna S. Riesterer appeal the trial court's order denying their motion for prevailing party attorney's fees. We have jurisdiction. See Fla. R.App. P. 9.030(b)(1)(A). We reverse.

In 1997, Mr. Riesterer and Charles Franek, Jr., formed Tee Sign Design, Inc. (Tee Sign). The corporation borrowed $60,000 from Florida Bank of Commerce (BOC). The loan was evidenced by a note secured by Tee Sign's assets. The Riesterers...

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