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SHEPPARD v. M & R PLUMBING, INC.

No. 1D10-4551.

82 So.3d 950 (2011)

D. Max SHEPPARD and Alicia L. Sheppard, Appellants, v. M & R PLUMBING, INCORPORATED, a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

August 4, 2011.

Attorney(s) appearing for the Case

Bruce Brashear of Brashear, Marsh & McCarty, P.L., Gainesville, for Appellants.

Peter A. Robertson and Kristin Davis of the Robertson Firm, Gainesville, for Appellee.

BENTON, C.J.

Max and Alicia Sheppard appeal the trial court's order requiring them to pay costs and attorneys' fees to M & R Plumbing, Inc. (M & R) on the purported authority of section 713.29, Florida Statutes (2008). We affirm the costs award, but reverse the award of attorneys' fees.

The parties' dispute over costs and fees is ancillary to a dispute that arose in connection with M & R's installation...

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