Brockway v. Town of Golfview

STEVENSON, Judge.

This is an appeal from a final order granting attorney’s fees under section 57.105, Florida Statutes (1993). We reverse the award of fees because the record before this court and in the trial court below fails to support a finding that appellants’ lawsuit was so frivolous and devoid of merit both on the facts and the law as to be completely untenable.

Appellants, taxpayers in the Town of Golf-view, filed a lawsuit challenging the methods and procedures utilized by the Town Council in contracting with a law firm to defend the Town in a lawsuit. Appellant’s suit for declaratory…