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Owens v. Farmers Insurance Exchange3/22/1999
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Owens requests attorney fees and costs on appeal. That request is denied. Entitlement to attorney fees, including fees for an appeal necessary to get the case to trial, cannot be determined until after a trial on the merits. If Owens ultimately prevails on remand, the trial court should include fees incurred for this appeal as part of its award.
The order granting summary dismissal is reversed as to the disability discrimination and FMLA claims, and is affirmed as to the claim for breach of contract.
WE CONCUR:
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