BD. OF TR. OF CITY PENSION FUND v. PARKER

No. 2D11-4825.

113 So.3d 64 (2013)

The BOARD OF TRUSTEES OF the CITY PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN the CITY OF TAMPA, Appellant, v. John N. PARKER, for himself and all others similarly situated, Appellee.

District Court of Appeal of Florida, Second District.

April 3, 2013.


Attorney(s) appearing for the Case

Bruce S. Rogow and Tara A. Campion of Bruce S. Rogow, P.A., Fort Lauderdale; and Patrick H. Gonyea of DLD Lawyers, Coral Gables, for Appellant.

Katherine E. Giddings of Akerman Senterfitt, Tallahassee; Gerald B. Cope, Jr. of Akerman Senterfitt, Miami; and Wayne L. Thomas of Akerman Senterfitt, Tampa, for Appellee.


CRENSHAW, Judge.

The Board of Trustees of the City Pension Fund for Firefighters and Police Officers in the City of Tampa (the Board) challenges an award of attorney's fees to John N. Parker, as representative of a class of retired firefighters and police officers of the City of Tampa who are recipients of a "13th check." Because the trial court erred in determining that chapters 175 and 185, Florida Statutes, and the substantial benefit doctrine govern the fee award...

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