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MALONE v. CITY OF SATELLITE BEACH

No. 97-1976.

716 So.2d 857 (1998)

John J. MALONE, Appellant, v. CITY OF SATELLITE BEACH, Florida, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

September 4, 1998.

Attorney(s) appearing for the Case

John J. Malone, Satellite Beach, Pro se, and Sharon Lee Stedman, Orlando, and John A. Racin, Melbourne, for Appellant.

James P. Beadle, of Spira, Beadle & McGarrell, P.A., Palm Bay, for Appellee.

HARRIS, Judge.

A previous appeal between the parties hereto resulted in an attorney's fee award on behalf of the City of Satellite Beach. On remand, the court scheduled a hearing at the request of the City. Although the certificate of service reflects that notice was given Malone, his lawyer, after an ex parte hearing resulting in a judgment was held, filed an affidavit claiming that he had not received notice. He filed a motion for stay pending appeal which both...

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