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CITY OF OAK HILL v. CITY OF EDGEWATER

No. 5D05-1212.

917 So.2d 943 (2005)

CITY OF OAK HILL, Petitioner, v. CITY OF EDGEWATER and County of Volusia, Respondents.

District Court of Appeal of Florida, Fifth District.

December 16, 2005.

Attorney(s) appearing for the Case

Mary D. Hanson, Port Orange, for Petitioner.

John R. Hamilton of Foley & Lardner, LLP, Orlando, for Respondent, City of Edgewater.

Randell H. Rowe, III, DeLand, for Respondent, County of Volusia.

THOMPSON, J.

The City of Oak Hill seeks certiorari review of a circuit court order that found that the City of Edgewater had standing to file an annexation challenge. The issue is whether Edgewater had standing to join the annexation litigation and was thereby entitled to attorney's fees as a prevailing party pursuant to section 171.08, Florida Statutes (2004). We hold that the circuit court misapplied the law in concluding that Edgewater was an "affected party" as...

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