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CONTINENTAL CAS. CO. v. A.W. BAYLOR, INC.

No. 5D11-3523.

97 So.3d 937 (2012)

CONTINENTAL CASUALTY COMPANY, Appellant, v. A.W. BAYLOR VERSAPANEL-PLASTERING, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 12, 2012.

Attorney(s) appearing for the Case

MaryEllen Koberg , of Kinsey, Vincent, Pyle, LC, Daytona Beach and Herman L. Fussell , of Foltz Martin, LLC, Atlanta, Georgia, Pro Hac Vice, for Appellant.

Daniel J. Webster of Daniel J. Webster, P.A., Daytona Beach, for Appellee.

EVANDER, J.

Continental Casualty Company ("Continental") appeals from an order awarding attorney's fees to A.W. Baylor Versapanel-Plastering, Inc. ("Baylor") in a post-arbitration proceeding. The arbitration panel had declined to award either party attorney's fees under section 713.29, Florida Statutes (2007), after finding that neither was the "prevailing party." That statute provides for an award of attorney's fees to the prevailing party in an action to enforce...

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