BROCKWAY v. TOWN OF GOLFVIEW

No. 95-1899.

675 So.2d 699 (1996)

George R. BROCKWAY and Dorothy O. Brockway, Appellants, v. TOWN OF GOLFVIEW, a Municipal Corporation of the State of Florida, and Watterson, Hyland, Baird Nichols & Klett, Appellees.

District Court of Appeal of Florida, Fourth District.

June 26, 1996.


Attorney(s) appearing for the Case

John Beranek of MacFarlane, Ausley, Ferguson & McMullen, Tallahassee, and Kathleen J. Loggins of Gibson & Adams, P.A., West Palm Beach, for appellants.

Terry Watterson and David A. Acton of Watterson, Hyland, Baird & Klett, P.A., Palm Beach Gardens, for appellees.


STEVENSON, Judge.

This is an appeal from a final order granting attorney's fees under section 57.105, Florida Statutes (1993). We reverse the award of fees because the record before this court and in the trial court below fails to support a finding that appellants' lawsuit was so frivolous and devoid of merit both on the facts and the law as to be completely untenable.

Appellants, taxpayers in the Town of Golfview, filed a lawsuit challenging the methods and...

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