PICKETT v. TEQUESTA DEVELOPMENT CO.

No. 93-2962.

639 So.2d 1133 (1994)

W. James PICKETT, III, M.D., P.A.; and W. James Pickett, III, M.D., Appellants, v. TEQUESTA DEVELOPMENT COMPANY, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

July 29, 1994.


Attorney(s) appearing for the Case

T. Kevin Knight of Drage, de Beaubien, Knight, Simmons, Romano & Neal, Orlando, for appellants.

Jerry R. Linscott, Brenda H. Smith and Robert W. Thielhelm, Jr., of Baker & Hostetler, Orlando, for appellees.


PER CURIAM.

Appellants, plaintiffs below, appeal the award of costs and attorney's fees to appellees, defendants below. We reverse. The appellants' cause of action accrued prior to the October 1, 1990 effective date of amendment to section 768.79, Florida Statutes. The pre-amendment version of that statute, providing for award of attorney's fees and costs against the plaintiff only where the plaintiff obtains a judgment against the defendants, applies to appellants...

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