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CITY OF DEERFIELD BEACH v. OLIVER-HOFFMAN CORP.

No. 80-582.

396 So.2d 1187 (1981)

CITY OF DEERFIELD BEACH, Appellant, v. OLIVER-HOFFMAN CORPORATION OF DEERFIELD BEACH, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 6, 1981.

Attorney(s) appearing for the Case

G. Carlton Marlowe, Fort Lauderdale, for appellant.

F. Kendall Slinkman, West Palm Beach, for appellee.

SCHWARTZ, ALAN R., Associate Judge.

The sole point on appeal challenges the trial court's award of attorney's fees under Section 57.105, Florida Statutes (1979). We reverse upon the holding that the position asserted by the appellant-city below, while held to be erroneous on the merits,1 was not frivolous — that is, entirely devoid of even arguable substance — as is required to...

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