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MCMILLAN/MIAMI, LLC v. KRYSTAL CAPITAL MANAGERS

No. 3D07-3006.

1 So.3d 312 (2009)

McMILLAN/MIAMI, LLC., etc., Appellant, v. KRYSTAL CAPITAL MANAGERS, LLC., etc., Appellees.

District Court of Appeal of Florida, Third District.

January 21, 2009.

Attorney(s) appearing for the Case

John E. Phelan, P.A., and John E. Phelan, Miami; Feiler & Leach, and Martin Leach, Coral Gables, for appellants.

Akerman Senterfitt, and Luis M. O'Naghten, Miami, for appellees.

Before RAMIREZ, and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

RAMIREZ, J.

McMillan/Miami, LLC., appeals from a final order denying its motion for attorney's fees, after the court entered an agreed order dissolving a lis pendens and after the appellee, Krystal Capital Managers, LLC., etc., voluntarily dismissed its complaint. We reverse because the trial court incorrectly reasoned that it had to deny fees where no lis pendens bond had been posted.

Krystal Capital Managers, LLC., plaintiff below, served a complaint against...

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