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TUBBS v. MECHANIK NUCCIO HEARNE & WESTER

No. 2D12-1177.

125 So.3d 1034 (2013)

Michael L. TUBBS and Raymond A. Tubbs, Appellants, v. MECHANIK NUCCIO HEARNE & WESTER, P.A., substituted as real party in interest for RC Highlands Holdings of Florida, Inc.; and Wachovia Bank, N.A., n/k/a Wells Fargo Bank, N.A., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 21, 2013.

Attorney(s) appearing for the Case

Steven L. Brannock of Brannock & Humphries, Tampa, and Warwick R. Furr, II , Avon Park, for Appellants.

Richard W. Candelora and J. Meredith Wester of Mechanik Nuccio Hearne & Wester, P.A., Lutz, for Appellee, Mechanik Nuccio Hearne & Wester, P.A.

James A. Bolling of Smith Hulsey & Busey, Jacksonville, for Appellee, Wells Fargo Bank, N.A.

WALLACE, Judge.

Michael L. Tubbs and Raymond A. Tubbs (collectively, the Tubbses) challenge an award of attorney's fees and taxable costs against them and in favor of Mechanik Nuccio Hearne & Wester, P.A. (Mechanic Nuccio), the assignee of RC Highlands Holdings of Florida, Inc. (RC Highlands). The trial court determined that RC Highlands was the prevailing party for the purpose of an award of attorney's fees under the parties' agreement after the Tubbses dismissed...

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