GALBRAITH v. INGLESE

No. 79-1784.

402 So.2d 574 (1981)

M.A. GALBRAITH, Jr., As City Attorney of Boca Raton, Appellant, v. Jack INGLESE, Appellee.

District Court of Appeal of Florida, Fourth District.

August 26, 1981.


Attorney(s) appearing for the Case

M.A. Galbraith, Jr., City Atty., and Robert A. Eisen, Asst. City Atty., Boca Raton, for appellant.

Ellis S. Simring, Hollywood, for appellee.


HURLEY, Judge.

Appellant, M.A. Galbraith, challenges the trial court's determination that he is not entitled to an award of attorney's fees pursuant to Section 57.105, Florida Statutes (1979). We conclude that the suit against Mr. Galbraith was completely devoid of a justiciable issue of either law or fact and, consequently, the statute's mandatory provision is operative and requires an award of a reasonable attorney's fee. Accordingly, we reverse.

Jack Inglese...

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