Malone v. City of Satellite Beach

I respectfully dissent. I do not think that McNayr v. Kelly, 184 So.2d 428 (Fla.1966) is dispositive of this appeal in any way. This case presents the question of whether the trial court abused its discretion in awarding the appellees (City of Satellite Beach, et al.), attorney’s fees against the appellant (Malone), after he voluntarily dismissed his lawsuit. The court found that the complaint showed on its face that it was a frivolous lawsuit and failed to raise any justiciable issue of law or fact. I do not think it was.

Malone filed a complaint against the City of Satellite Beach and the…