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COSTELLO v. CITY OF CAPE CORAL

No. 96-00681.

693 So.2d 48 (1997)

Truman J. COSTELLO, P.A., and Robert N. Reynolds, P.A., Appellants, v. The CITY OF CAPE CORAL, Florida, a municipal corporation existing under the laws of the State of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 7, 1997.

Attorney(s) appearing for the Case

Truman J. Costello of Costello, Sims & Royston, Fort Myers; and Robert N. Reynolds of Robert N. Reynolds, P.A., Winter Park, for Appellants.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for Appellee.

BLUE, Judge.

Truman J. Costello, P.A., and Robert N. Reynolds, P.A., (Costello/Reynolds) appeal the final judgment entered in their action claiming attorney's fees from the City of Cape Coral (City) based on the "common fund doctrine." Because the trial court erred in finding as a matter of law that there was no fund to support the claim under the common fund doctrine, we reverse the final judgment for the City and the order awarding fees to the City based on section...

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