CITY OF LAUDERHILL v. PHILPART

No. 89-1842.

561 So.2d 479 (1990)

CITY OF LAUDERHILL, Appellant, v. Frances D. PHILPART and Ford Consumer Credit Co., Appellees.

District Court of Appeal of Florida, Fourth District.

June 6, 1990.


Attorney(s) appearing for the Case

Lisa N. Hodapp of Michelson & Zippin, P.A., Tamarac, for appellant.

Alan Rosenthal and Mindy C. Funk, of Rosenthal & Yarchin, Miami for appellee-Ford Consumer Credit Co.


PER CURIAM.

We reverse the attorney's fees awarded pursuant to § 57.105, Fla. Stat. (1989), to Ford Consumer Credit Company.

The trial court erroneously ruled that the complaint failed to raise any justiciable issue of law or fact based on its incorrect conclusion that because the original copy of the claim of lien filed by the Code Enforcement Board was not certified, it was unenforceable under § 162.09, Fla. Stat. (1989).

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