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GARVIN v. JEROME

No. 98-2975.

730 So.2d 802 (1999)

Phyllis T. GARVIN, Appellant, v. Joanne JEROME, etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

April 1, 1999.

Attorney(s) appearing for the Case

C. Michael Barnette, Daytona Beach, for Appellant.

Mary D. Hansen, of Storch, Hansen & Morris, P.A., Daytona Beach, for Appellee, Joanne Jerome.

Scott E. Simpson, Interim City Attorney, Daytona Beach, for Appellee, City of Daytona Beach Shores.

Franz Eric Dorn, City Attorney, Daytona Beach Shores, for Appellee, City of Daytona Beach Shores.

Frank B. Gummey, III, Assistant County Attorney, DeLand, for Appellee, Deanie Lowe, Supervisor of Elections.

ON JOINT MOTION FOR REHEARING

PER CURIAM.

Before this court is a motion for rehearing of the order awarding appellate attorney's fees to appellant, Phyllis T. Garvin ["Garvin"], to be paid by the City of Daytona Beach Shores ["City"]. In the motion, the City complains that fees cannot be awarded to Garvin because the City was never a party to the proceedings. Our review of the record of the lower court proceedings reflects that, although Franz Dorn...

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