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TARPON SPRINGS ARCADE LTD. v. CITY OF TARPON SPRINGS

No. 90-03560.

582 So.2d 825 (1991)

TARPON SPRINGS ARCADE LIMITED, f/k/a Southeast Capital Associates Four, Ltd., Appellant, v. CITY OF TARPON SPRINGS, Appellee.

District Court of Appeal of Florida, Second District.

July 26, 1991.

Attorney(s) appearing for the Case

Herbert Elliott, Tarpon Springs, for appellant.

Dennis L. Repka and Thomas C. Jennings III of Dennis L. Repka, P.A., Clearwater, for appellee.

CAMPBELL, Acting Chief Judge.

The issue in this appeal is whether the trial judge properly denied appellant attorney's fees pursuant to section 45.061, Florida Statutes (1987), when it prevailed in the underlying action and received a judgment for damages in excess of its offer of settlement. This court has previously held section 45.061 to be constitutional. A.G. Edwards & Sons, Inc. v. Davis, 559 So.2d 235 (Fla.2d DCA...

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