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NEDD v. GARY

No. 4D09-1446.

35 So.3d 1028 (2010)

Jillian NEDD and Kelvin Nedd, Appellants, v. Willie E. GARY, an individual, and Maurice Shazier, an individual, Appellees.

District Court of Appeal of Florida, Fourth District.

June 2, 2010.

Attorney(s) appearing for the Case

Linda Elise Capobianco of Stone & Capobianco, P.L., Stuart, for appellants.

Mark Miller of Gary, Williams, Finney, Lewis, Watson & Sperando, P.L., Stuart, for appellee Willie E. Gary, an individual.

GROSS, C.J.

This is an appeal of an award of $1,440 in attorney's fees. We reverse because there was no legal basis to justify the award.

Jillian and Kelvin Nedd settled a lawsuit with Willie Gary. As part of the settlement, Gary filed a notice of voluntary dismissal of his action against the Nedds. The Nedds filed a motion to enforce their settlement with Gary, contending that the dismissal should have been with prejudice. Gary opposed the motion. Without...

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