CITY OF MIAMI BEACH v. TOWN OF BAY HARBOR

No. 79-261.

380 So.2d 1112 (1980)

CITY OF MIAMI BEACH, Appellant, v. TOWN OF BAY HARBOR ISLANDS, Bal Harbor Village, City of North Bay Village and Metropolitan Dade County Water and Sewer Board, Appellees.

District Court of Appeal of Florida, Third District.

March 4, 1980.


Attorney(s) appearing for the Case

John A. Ritter, City Atty., Andrew Moriber, Chief Deputy City Atty. and Beth Ellen Spiegel, Asst. City Atty., for appellant.

Robert A. Ginsburg, County Atty. and Stanley B. Price, Asst. County Atty., Joseph H. Weil, Lewis Horwitz, Alan S. Gold, Miami, for appellees.

Before PEARSON and HUBBART, JJ., and CHAPPELL, BILL G., Associate Judge.


HUBBART, Judge.

The central issue involved in this appeal is whether a trial court is authorized to award attorneys fees to the prevailing party in a civil contempt proceeding as against a municipality under Section 57.105, Florida Statutes (1979). We hold that the trial court is so authorized by the above statute, but only where "the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party." As no such...

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