HENN v. ULTRASMITH RACING, LLC

No. 4D10-2674.

67 So.3d 444 (2011)

Byron HENN, Appellant, v. ULTRASMITH RACING, LLC, a Florida limited liability company, Appellee.

District Court of Appeal of Florida, Fourth District.

August 24, 2011.


Attorney(s) appearing for the Case

Daniel S. Weinger of Conrad & Scherer, LLP, Fort Lauderdale, for appellant.

Les Stracher of Kurkin Forehand Brandes, LLP, Weston, and R. Craig Spickard of Kurkin Forehand Brandes, LLP, Tallahassee, for appellee.


LEVINE, J.

The issue presented in this appeal is whether the trial court erred in denying appellant's motion for attorney's fees after the trial court dismissed appellee's case without prejudice. We find that appellant was entitled to attorney's fees in this case, and we reverse.

Appellee sued appellant for a single count of breach of contract due to damage to a race car that appellant rented from appellee. After two years of litigation, appellee's attorney...

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