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GLENN WRIGHT HOMES (DELRAY) LLC v. LOWY

No. 4D08-1457.

18 So.3d 693 (2009)

GLENN WRIGHT HOMES (DELRAY) LLC; Glenn B. Wright, Jr.; Patricia Wright; Mitchell Kass and Jackie Kass, Appellants, v. Craig A. LOWY, Appellee.

District Court of Appeal of Florida, Fourth District.

September 30, 2009.

Attorney(s) appearing for the Case

Ian T. Kravitz, Michael E. Stearns and Sean P. Sullivan of Leiby Stearns and Roberts, P.A., Fort Lauderdale, for appellant.

Eric C. Christu and Devon G. Coughlan of Ruden, McClosky, Smith, Schuster & Russell, P.A., West Palm Beach, for appellee.

WARNER, J.

This case involves the award of prevailing party attorney's fees to the note holder in a suit to enforce the note. Although the documentary stamps were not affixed to the note until after the summary judgment, the trial court awarded attorney's fees, seeming to conflict with this court's statements in both Rappaport v. Hollywood Beach Resort Condominium Assn., 905 So.2d 1024 (Fla. 4th DCA 2005), and Bonfiglio...

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