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WRIGHT v. ACIERNO

No. 82-1392.

437 So.2d 242 (1983)

Donald F. WRIGHT, David A. Currie, Deborah A. Kirkwood, David A. Johnston, James A. Driver and David T. Harden, Appellants, v. Dr. and Mrs. Louis J. ACIERNO, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

September 15, 1983.

Attorney(s) appearing for the Case

C. Brent McCaghren of Winderweedle, Haines, Ward & Woodman, P.A., Winter Park, for appellants.

Clarine F. Smissman of Pino, Knox & Smith, P.A., Orlando, for appellees.

Claude L. Mullis and Harry Morrison, Jr., Tallahassee, for amicus curiae Florida League of Cities, Inc.

ORFINGER, Chief Judge.

This appeal is from an order denying appellants (defendants' below) an award of attorney's fees under Section 57.105, Florida Statutes (1981), notwithstanding the earlier entry of an order determining that the action against them was frivolous. We reverse.

The action below was filed against the City of Winter Park1 and its Mayor, City Commissioners and City Manager in their official capacities, to enjoin...

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