LOMELO v. CITY OF SUNRISE

No. 81-2249.

423 So.2d 974 (1982)

John LOMELO, Jr., Mayor of the City of Sunrise, Appellant, v. CITY OF SUNRISE, Florida, a Municipal Corporation, and Dan Pearl, William "Bill" Colon, Lawrence "Larry" Hoffman, Steven W. Effman, and John Montgomery, As Members of and Constituting the City Council of the City of Sunrise, Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 12, 1983.


Attorney(s) appearing for the Case

David R. Mackenzie, Lauderhill, for appellant.

Philip S. Shailer of Shailer, Purdy & Jolly, Fort Lauderdale, for appellees Dan Pearl, William "Bill" Colon, Lawrence "Larry" Hoffman, Steven W. Effman and John Montgomery, as members of and constituting the City Council of the City of Sunrise, Fla.


HERSEY, Judge.

The mayor of the City of Sunrise, Florida, appeals from a declaratory judgment which determined that the city had no duty to pay attorneys' fees incurred by the mayor in his successful defense against a felony indictment.

The indictment charged the mayor with corruption by threat against a public servant. Appellant's brief succinctly states the circumstances which led to the indictment.

Appellant testified that he happened to be at...

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