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GACCIONE v. DAMIANO

No. 5D08-3438.

35 So.3d 1008 (2010)

Waltraut GACCIONE, Appellant, v. Robert L. DAMIANO and 5685 A1A, LLC., Appellees.

District Court of Appeal of Florida, Fifth District.

May 28, 2010.

Attorney(s) appearing for the Case

Allan P. Whitehead of Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A., Melbourne, for Appellant.

Anthony Mechachonis of Balgo & Mechachonis, P.A., Melbourne, for Appellees.

TORPY, J.

The sole point of contention here is the entitlement to attorney's fees to Appellant, who prevailed in a breach of contract action. Appellant claimed fees under two theories, one contractual and the other statutory. The trial court concluded that Appellant was not entitled to fees under either theory. We affirm the trial court as to contractual entitlement, but reverse as to statutory entitlement.1

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