State Department of Natural Resources v. Hudson Pulp & Paper Corp.

ON MOTION FOR REHEARING

BOYER, Acting Chief Judge.

Appellee, Frank A. Ford, has filed a motion for rehearing directed only to the concluding paragraph of the foregoing opinion wherein we recited that appellee is not entitled to attorney’s fees nor costs incident to appeal.

Upon reexamination of the facts of this case, the avenue by which it reached this court, and the applicable statutory and case law, we conclude that Ford’s petition for rehearing is well founded. We therefore recede from our denial of attorney’s fees and costs incident to this appeal.

F.S. 73.131(2) provides as follows:

“The…