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SEMINOLE COUNTY v. KOZIARA

No. 5D03-3959.

881 So.2d 83 (2004)

SEMINOLE COUNTY, Florida, Appellant, v. Pauline KOZIARA and Kathleen Derienzo, Appellees.

District Court of Appeal of Florida, Fifth District.

August 20, 2004.

Attorney(s) appearing for the Case

Frederick H. Nelson, American Liberties Institute, Orlando, for Appellant.

Steven G. Mason of Steven G. Mason, P.A., Orlando, for Appellees.

GRIFFIN, J.

Seminole County appeals a final order denying it attorney's fees and costs after its successful defense of Appellees' constitutional challenge to an anti-nudity ordinance under 42 U.S.C. § 1983.1 Seminole County contends that the trial court erred in denying its motion because Appellees' suit was frivolous. We affirm.

Seminole County sought attorney's fees under either 42 U.S.C. section 1988 or section 57.105,...

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