MORRIS v. CITY OF WEST PALM BEACH

No. 98-4343.

194 F.3d 1203 (1999)

Patricia MORRIS and Keith Meyer, Plaintiffs-Appellants, v. CITY OF WEST PALM BEACH, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 3, 1999.


Attorney(s) appearing for the Case

Mathew D. Staver, Frederick H. Nelson, Nicole Arfaras Kerr, Morris & Meyer, Orlando, FL, for Plaintiffs-Appellants.

Mayra Rivera Delgado, West Palm Beach, FL, for Defendant-Appellee.

Before BIRCH and CARNES, Circuit Judges, and MILLS, Senior District Judge.


BIRCH, Circuit Judge:

This case raises the question of the viability and scope of the "catalyst" test, which is a means of determining whether a party who did not receive a judgment or formal settlement in its favor is a "prevailing party" under 42 U.S.C. § 1988 and other fee-shifting statutes. Because we hold that the catalyst test remains available in this circuit and because the district court incorrectly applied the catalyst test, we VACATE and REMAND.

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