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FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. v. MILLER

No. 84-258.

464 So.2d 236 (1985)

FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. and Renzo Fancellu, Appellants, v. C.W. MILLER, Sheriff of Brevard County, Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 28, 1985.

Attorney(s) appearing for the Case

Gene "Hal" Johnson and Dean B. Morphonios, Tallahassee, for appellants.

John W. Costigan of Madigan, Parker, Gatlin, Swedmark & Skelding, Tallahassee, for appellee.

DAUKSCH, Judge.

This is an appeal from a judgment in a declaratory relief action.

The issue on appeal is whether a sheriff must pay, out of public funds, for the attorneys fees and legal costs of one of his deputies who successfully defends a criminal prosecution against the said deputy.

Appellant urges that the holding in Nuzum v. Valdes, 407 So.2d 277 (Fla. 3d DCA 1981) is applicable and that the sheriff...

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