FERNANDEZ v. HENDRY TRACTOR CO.

No. 80-2325.

406 So.2d 1213 (1981)

Antonio FERNANDEZ and Marta Fernandez, His Wife, Appellants, v. HENDRY TRACTOR COMPANY, etc., Appellee.

District Court of Appeal of Florida, Third District.

December 1, 1981.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Lawrence B. Rodgers, Miami, for appellants.

Peters, Pickle, Flynn, Niemoeller, Stieglitz & Downs and Nancy Schleifer, Miami, for appellee.

Before BARKDULL, SCHWARTZ and BASKIN, JJ.


BASKIN, Judge.

After Antonio Fernandez was injured in a construction accident, he and his wife sued to recover damages under theories of negligence and breach of warranty. They recovered $101,600 under the negligence count but failed to recover under the count alleging breach of warranty.

The trial court awarded each party his costs pursuant to the counts upon which he prevailed. Appellants contend that they alone were entitled to recover costs, citing section...

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