DOLPHINS PLUS v. RESIDENTS, KEY LARGO OCEAN SHORES

No. 91-2703.

598 So.2d 324 (1992)

DOLPHINS PLUS, Appellant, v. RESIDENTS OF KEY LARGO OCEAN SHORES, Clarence C. Hobdy and State of Florida Department of Environmental Regulation, Appellees.

District Court of Appeal of Florida, Third District.

May 26, 1992.


Attorney(s) appearing for the Case

Fertig & Gramling, and Donna E. Albert, Fort Lauderdale, for appellant.

Mattson & Tobin and Andrew Tobin, Key Largo, Francine M. Ffolkes, Tallahassee, for appellees.

Clarence C. Hobdy, pro se.

Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.


SCHWARTZ, Chief Judge.

In recommending the issuance of a permit sought by the appellant Dolphins Plus, the hearing officer also found that the protestors, the present appellees, had "participated in this proceeding for a frivolous purpose" and therefore recommended the assessment of reasonable attorney's fees and costs against them under section 120.59, Florida Statutes (1991). On review, although the appellees did not provide...

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