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MORAN v. CITY OF LAKELAND

No. 96-02166.

694 So.2d 886 (1997)

James R. MORAN, Appellant, v. CITY OF LAKELAND, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 16, 1997.

Attorney(s) appearing for the Case

Robert H. Grizzard, Lakeland, for Appellant.

Mark N. Miller of Lane, Trohn, Clarke, Bertrand, Vreeland & Jacobsen, P.A., Lakeland, for Appellee.

WHATLEY, Judge.

James Moran appeals that part of the order awarding the City of Lakeland attorney's fees pursuant to Florida Rule of Civil Procedure 1.442. We reverse.

Moran filed an action against the City of Lakeland alleging deprivation of his civil rights under section 1983 of the Civil Rights Act. 42 U.S.C. § 1983. The City filed an offer of judgment pursuant to Florida Rule of Civil Procedure 1.442, but Moran declined. The City then filed a motion...

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