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BLACK DIAMOND PROPERTIES, INC. v. HAINES

No. 5D09-894.

36 So.3d 819 (2010)

BLACK DIAMOND PROPERTIES, INC., et al., Appellant, v. Charles S. HAINES, Kathy Haines, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

May 28, 2010.

Attorney(s) appearing for the Case

Anne S. Mason of Mason Law, P.L., Clearwater, and Edward A. Marod of Edward A. Marod, P.A., West Palm Beach for Appellant.

Steven A. Rothenburg, Ocala, and John C. Bell, Jr., of Bell & Brigham, Augusta, GA for Appellee William Bristol.

No Appearance for Appellees Charles S. Haines, Kathy Haines, Richard O. Conboy, Jackson Randolph, Larry Laukka, Angelo Masut, Brenda Masut and Tom Howell.

PALMER, J.

Black Diamond Properties, Inc. (Black Diamond) appeals the final order entered by the trial court denying its motion seeking prevailing party attorney's fees and costs against William Bristol, a plaintiff below who voluntarily dismissed his claims against Black Diamond. Determining that Black Diamond is entitled to recover certain attorney's fees and costs as a prevailing party, we reverse.

A group of plaintiffs, including William Bristol, filed...

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