Florida District Courts of Appeal, 1994

Aitken v. Gajadha

Florida District Courts of Appeal · Decided March 23, 1994 · Klein, Pariente, Warner

636 So. 2d 766; 1994 Fla. App. LEXIS 2617; 1994 WL 90543 (Southern Reporter, Second Series)

Opinion of the Court

ON MOTION FOR REHEARING

PER CURIAM.

We withdraw our prior opinion and substitute the following in its place.

Reversed and remanded for reconsideration of attorney’s fees under section 768.79, Florida Statutes (1989), in light of Schmidt v. Fortner, 629 So.2d 1036 (Fla. 4th DCA 1993). Contra: Bridges v. Newton, 556 So.2d 1170 (Fla. 3d DCA 1990). Affirmed as to the denial of the award under section 45.061, Florida Statutes (1989).

.WARNER, KLEIN and PARIENTE, JJ., concur.

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