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AETNA CASUALTY SURETY COMPANY, Petitioner, v. C.B. HERBERT and ANNIE HERBERT, Respondents.

DAUKSCH, J.

The same legal issue was raised in another certiorari proceeding, where this court held that in an action alleging a motor vehicle dealer's violation of Florida's Deceptive and Unfair Trade Practices Act, attorney's fees could not be recovered from a surety bond which does not provide for such fees. The petition for writ of certiorari is therefore granted and the circuit court appellate decision is quashed.See Travelers Casualty Surety Co. v. Hubbel, 23 Fla. L. Weekly D356 (Fla. 5th DCA Jan. 30, 1998).

QUASHED.

SHARP, W., and ANTOON, JJ., concur.

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AETNA CASUALTY/SUR. CO. v. HERBERT
(Mar 13, 1998)