The Third District Court of Appeal in O’Hara Gallery, Inc. v. Nader, 2004 Fla. App. LEXIS 19136 [Fla. 3rd DCA 2004] reversed an order denying attorney's fees sought by the plaintiff against the defendant because defendant prolonged the case before finally conceding that there was no viable defense. Among the long-drawn-out procedures was mediation which was scheduled 6 times and cancelled 6 times in a 9 month period. The court held attorney’s fees should have been awarded under F.S. 57.105.
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