Shahan v. Listle

QUINCE, Judge.

Attorney John Shahan challenges a final judgment requiring him to personally pay part of the attorney’s fees awarded to Jay Listle and the City of Tarpon Springs (the City) pursuant to section 57.105, Florida Statutes (1995). We reverse because the complaint filed in the underlying action was not entirely devoid of merit.

Pursuant to section 163.3215, Florida Statutes (1995), Jeff and Laura Johnson (the Johnsons) filed a complaint with the City to challenge local ordinance 94-29. Section 163.3215 provides, in pertinent part:

*1091As a condition precedent to the institution of an action…