
    HART LAND & CATTLE COMPANY, INC., Appellant, v. OUTDOOR PROMOTIONS, INC., a Florida Corporation, Appellee.
    No. JJ-261.
    District Court of Appeal of Florida, First District.
    June 15, 1979.
    Rehearing Denied July 24, 1979.
    
      Dan R. Warren, of Judge & Warren, Day-tona Beach, Terrence T. Dariotis, Tallahassee, for appellant.
    Joseph C. Jacobs and J. Lawrence Johnston, of Ervin, Vam, Jacobs, Odom & Kitchen, Tallahassee, for appellee.
   PER CURIAM.

Our review of the record, consideration of the briefs and oral arguments, fail to demonstrate reversible error in the decision of the lower court.

The evidence was conflicting and the various claims and contentions of the parties somewhat inconsistent and confusing. In the final analysis, the trial court had to resolve legal and factual issues created by the conduct of the parties over a period of approximately three years, and rendered a decision in this complex litigation which we find is supported by the evidence.

Accordingly, the judgment appealed from is affirmed. Appellee’s motion for assessment of attorney’s fees on appeal is granted, and the cause is remanded to the trial court for determination of the amount.

McCORD, C. J., and BOOTH and LARRY G. SMITH, JJ., concur.

ON PETITION FOR REHEARING

PER CURIAM.

The last sentence of the opinion is hereby stricken. Appellee’s motion for assessment of attorney’s fees on appeal is denied. Ohio Realty Investment Corp. v. Southern Bank of West Palm Beach, 300 So.2d 679 (Fla. 1974); Federal Home Loan Mortgage Corporation v. Taylor, 318 So.2d 203 (Fla. 1st DCA 1975). The instruments involved do not express a clear indication that the parties intended the provisions as to attorney’s fees to include attorney’s fees on appeal, and since they were entered into before October 1, 1977, the provisions of Section 59.46(1), Florida Statutes, do not apply. Under the prevailing case law at the time the instruments were executed attorney’s fees on appeal were not allowed. In all other respects, the petition for rehearing is denied,

McCORD, Acting C. J., and BOOTH and LARRY G. SMITH, JJ., concur,

Certiorari denied; Fla.  