Opinion
No. 95-3851.
June 4, 1996.
An appeal from the circuit court for Bay County; Russell Cole, Jr., Judge.
Larry A. Bodiford of Hutto and Bodiford, Panama City, for Appellant.
Steve Lewis and John W. Forehand of Lewis, Longman Walker, P.A., Tallahassee, for Appellees.
We affirm the lower court's order awarding Appellee Joseph Pellar attorneys' fees and costs under Chapter 713, Florida Statutes. However, as stated in Granger Asphalt Paving Inc. v. Pellar, 668 So.2d 345 n. 1 (Fla. 1st DCA 1996), Appellee Sweetwater Village Development, Inc., is not entitled to such fees and costs. Accordingly, we remand for the lower court to strike reference to Sweetwater Village Development, Inc., from its order.
BOOTH, WOLF and VAN NORTWICK, JJ., concur.