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MIAMI HERALD PUBLISHING CO. v. CITY OF HALLANDALE

No. 82-5834.

742 F.2d 590 (1984)

The MIAMI HERALD PUBLISHING CO., et al., Plaintiffs-Appellees, Cross-Appellants, v. CITY OF HALLANDALE, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 31, 1984.

Attorney(s) appearing for the Case

Legal Dept., City of Hallandale, Richard Kane, James Schoenbrod, Hallandale, Fla., for City of Hallandale.

Thomson, Zeder, Bohrer, Werth, Adorno & Razook, Sanford L. Bohrer, Miami, Fla., for plaintiffs-appellees, cross-appellants.

Before ANDERSON and CLARK, Circuit Judges, and DUMBAULD, District Judge.

BY THE COURT:

The appellees/cross-appellants move this court for clarification of the panel opinion, 734 F.2d 666 (11th Cir.1984), in this case, as it affects Miami Herald's cross-appeal respecting attorney fees. In order for Miami Herald to be entitled to attorney fees pursuant to 42 U.S.C. § 1988, it must qualify as a "prevailing party" under the statute. In determining whether Miami Herald is a prevailing party, "the proper...

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