CITY OF BOCA RATON v. FAITH BAPTIST CHURCH

No. 82-905.

423 So.2d 1021 (1982)

CITY OF BOCA RATON, Appellant/Cross-Appellee, v. FAITH BAPTIST CHURCH OF BOCA RATON, INC., a Florida Nonprofit Corporation; Woodlands Christian Academy, an Unincorporated Educational Institution; and the Reverend Jerry Peterson, Pastor, Faith Baptist Church, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fourth District.

December 29, 1982.


Attorney(s) appearing for the Case

M.A. Galbraith, Jr., City Atty., Boca Raton, for appellant/cross-appellee.

Jon Jay Ferdinand, Tamarac, for appellees/cross-appellants.


DOWNEY, Judge.

After finally disposing of the underlying litigation, the City of Boca Raton sought the assessment of reasonable attorney's fees against appellee pursuant to Section 57.105, on the grounds that appellee's defense completely lacked any justiciable issue of law or fact. The trial court awarded the City an attorney's fee but not a reasonable fee as provided by statute. Both parties seek reversal of that order.

The evidence showed that the reasonable...

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