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BRYANT v. REYNOLDS GENERAL CONTRACTORS, INC.

No. 5D10-2412.

71 So.3d 904 (2011)

John T. BRYANT and Moriah Bryant, Appellants, v. REYNOLDS GENERAL CONTRACTORS, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 13, 2011.

Attorney(s) appearing for the Case

Mark S. Peters of Eisenmenger, Berry & Peters, P.A., Viera, for Appellants.

Pierre A.L. Mommers of Pierre A.L. Mommers, P.A., Mommers & Colombo, Melbourne, for Appellee.

PER CURIAM.

AFFIRMED.

PALMER and LAWSON, JJ., concur.

EVANDER, J., dissents with opinion.

EVANDER, J., dissenting.

While I acknowledge that the "abuse of discretion" standard of review is a deferential one, I believe a reversal is required. Given the ultimate outcome below, this was an ideal case for the trial court to hold that neither side was the "prevailing party" and to decline to make...

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