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MONROE COUNTY v. McCORMICK

No. 3D99-1309.

752 So.2d 1239 (2000)

MONROE COUNTY, Appellant, v. Joan McCORMICK, Appellee.

District Court of Appeal of Florida, Third District.

March 1, 2000.

Attorney(s) appearing for the Case

Stuart G. Schurr, Assistant County Attorney, for appellant.

Greenman & Manz and Franklin D. Greenman, Marathon, for appellee.

Before GODERICH, GREEN and RAMIREZ, JJ.

GODERICH, Judge.

Monroe County appeals from a writ of mandamus commanding it to pay Joan McCormick $12,205.75 plus statutory interest pursuant to a final judgment on attorney's fees. We reverse.

The County contends that the trial court erred by failing to grant it a set-off based on a code enforcement lien, pursuant to section 162.09(3), Florida Statutes (1995), against McCormick's property. We agree.

First, we note that the County properly pleaded...

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