ROGERS v. VULCAN MFG. CO., INC.

No. 1D11-3927.

93 So.3d 1058 (2012)

Anthony ROGERS, Appellant, v. VULCAN MANUFACTURING COMPANY, INC., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 14, 2012.


Attorney(s) appearing for the Case

John R. Stiefel, Jr. , of Holbrook, Akel, Cold, Stiefel & Ray, P.A., Jacksonville, for Appellant.

M. Scott Thomas and Cristine M. Russell of Rogers Towers, P.A., Jacksonville, for Appellee.


THOMAS, J.

In this appeal, we review the trial court's order finding that Appellant was entitled to attorney's fees as the prevailing party under a non-compete contract, but awarding him $0. The trial court based its decision on the fact that Appellant did not personally pay his attorney's fees. Appellant contends this was error and he was entitled to attorney's fees for two reasons: 1) pursuant to section 542.335(1)(k), Florida Statutes; and 2) pursuant to the terms...

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