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STRATTON v. PORT ST. LUCIE MGT, LLC

No. 4D13-1778.

149 So.3d 100 (2014)

Gloria Ann STRATTON, Appellant, v. PORT ST. LUCIE MGT, LLC d/b/a Emerald Health Care Center, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 17, 2014.

Attorney(s) appearing for the Case

Jeffrey C. Fulford of Jeffrey C. Fulford, P.A., Stuart, for appellant.

James H. Wyman of Hinshaw & Culbertson LLP, Coral Gables, for appellee.

Michael L. Forte of Rumberger, Kirk & Caldwell, P.A., Tampa, for Amicus Curiae Florida Defense Lawyers Association.

SCHER, ROSEMARIE, Associate Judge.

Gloria Ann Stratton appeals the trial court's order denying her attorney's fees and costs under an "Admission Agreement" entered into with Port St. Lucie Mgt, LLC d/b/a Emerald Health Care Center ("Emerald"), a nursing home facility. Stratton asserts that her claim for attorney's fees and costs arises out of a contract allowing fees to Emerald if Emerald prevailed in the same underlying action; accordingly, as the prevailing party...

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