MUNOZ v. CITY OF MIAMI

No. 3D02-1457.

853 So.2d 489 (2003)

Maria MUNOZ and Rafael Munoz, Appellants, v. CITY OF MIAMI, a political subdivision of the State of Florida, Miami-Dade County, a political subdivision of the State of Florida, City of Miami Parking Systems, a political subdivision of the State of Florida, and City of Miami Off-street Parking Authority, a political subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida, Third District.

Order on Rehearing and Clarification September 3, 2003.


Attorney(s) appearing for the Case

Beckham & Beckham and Robert J. Beckham, Jr., Miami, for appellants.

Charles J. Crist, Jr., Attorney General, and Charles M. Fahlbusch, Assistant Attorney General, (Ft.Lauderdale), for appellee Florida Department of Transportation.

Before COPE, FLETCHER, and WELLS, JJ.


PER CURIAM.

The plaintiffs below, Maria Munoz and Rafael Munoz, appeal an order granting attorney's fees in favor of the defendant, Department of Transportation (DOT), pursuant to section 57.105, Florida Statutes (2003). We reverse.

Mrs. Munoz claimed to have tripped on a piece of metal protruding from the sidewalk on a Miami street. She and her husband sued a number of government entities including DOT, for the injuries sustained. DOT denied responsibility...

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