Tarpon Springs Arcade Ltd. v. City of Tarpon Springs

District Court of Appeal of Florida

Tarpon Springs Arcade Ltd. v. City of Tarpon Springs

582 So. 2d 825, 1991 Fla. App. LEXIS 7612, 1991 WL 136881

CourtDistrict Court of Appeal of Florida

DecidedJuly 26, 1991

DocketNo. 90-03560

StatusPublished

This text of 582 So. 2d 825 (Tarpon Springs Arcade Ltd. v. City of Tarpon Springs) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tarpon Springs Arcade Ltd. v. City of Tarpon Springs, 582 So. 2d 825, 1991 Fla. App. LEXIS 7612, 1991 WL 136881 (Fla. Ct. App. 1991).

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Opinion

CAMPBELL, Acting Chief Judge.

The issue in this appeal is whether the trial judge properly denied appellant attorney’s fees pursuant to section 45.061, Florida Statutes (1987), when it prevailed in the underlying action and received a judgment for damages in excess of its offer of settlement. This court has previously held section 45.061 to be constitutional. A.G. Edwards & Sons, Inc. v. Davis, 559 So.2d 235 (Fla.2d DCA 1990). We continue to adhere to that holding. However, we conclude that the trial judge was justified in his holding that the circumstances of this case constituted a “test-case” within the contemplation of section 45.061(2)(b).

Because this case falls within the “test-case” exception to the statute, the denial of attorney’s fees to appellant was not in error and the judgment is affirmed.

LEHAN and PARKER, JJ., concur.

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CAMPBELL, Acting Chief Judge.

The issue in this appeal is whether the trial judge properly denied appellant attorney’s fees pursuant to section 45.061, Florida Statutes (1987), when it prevailed in the underlying action and received a judgment for damages in excess of its offer of settlement. This court has previously held section 45.061 to be constitutional. A.G. Edwards & Sons, Inc. v. Davis, 559 So.2d 235 (Fla.2d DCA 1990). We continue to adhere to that holding. However, we conclude that the trial judge was justified in his holding that the circumstances of this case constituted a “test-case” within the contemplation of section 45.061(2)(b).

Because this case falls within the “test-case” exception to the statute, the denial of attorney’s fees to appellant was not in error and the judgment is affirmed.

LEHAN and PARKER, JJ., concur.

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582 So. 2d 825, 1991 Fla. App. LEXIS 7612, 1991 WL 136881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tarpon-springs-arcade-ltd-v-city-of-tarpon-springs-fladistctapp-1991.

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