Florida District Courts of Appeal, 1991

Phillips v. Taylor

Phillips v. Taylor
Florida District Courts of Appeal · Decided March 6, 1991 · Altenbernd, Frank, Scheb
575 So. 2d 330; 1991 Fla. App. LEXIS 1870; 1991 WL 29502 (Southern Reporter, Second Series)

Phillips v. Taylor

Opinion of the Court

PER CURIAM.

On the authority of Aspen v. Bayless, 564 So.2d 1081 (Fla. 1990), which was decided after the trial court denied the motion to tax costs and attorneys’ fees, we reverse. We remand for entry of an award for appellant, defendant below, in accordance with Florida Rule of Civil Procedure 1.442 and sections 768.79 and 45.061, Florida Statutes (1989).

SCHEB, A.C.J., and FRANK and ALTENBERND, JJ., concur.

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