01-3349 SWEETWATER V. SOLO

State: Florida

Court: Florida Third District Court

Docket No: 01-3349 SWEETWATER V. SOLO

Case Date: 05/01/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

CITY OF SWEETWATER, Appellant, vs.

** ** ** CASE NO. 3D01-3349 LOWER TRIBUNAL NO.

SOLO CONSTRUCTION CORPORATION,** Appellee. ** 01-019604

Opinion filed August 21, 2002. An appeal from the Circuit Court for Dade County, Thomas S. Wilson, Jr., Judge. Irizarri & Gersten and Ramon Irizarri, for appellant. Elder, Kurzman & Vaccarella and David R. Elder and Vincent F. Vaccarella, for appellee. Before SCHWARTZ, C.J., and COPE and SORONDO, JJ. On Motion for Rehearing PER CURIAM. Rehearing denied. SCHWARTZ, C.J., and SORONDO, J., concur.

City of Sweetwater v. Solo Construction Corp. Case No. 3D01-3340

COPE, J. (dissenting). The City of Sweetwater has moved for rehearing on the issue of attorney's fees. Paragraph eighteen of the trial court's judgment awarded fees to the appellee, Solo Construction Corporation under subsection 255.20(4), Florida Statutes (2001). The City's motion is well taken. The statute does not apply

here and Solo is not entitled to attorney's fees. The statute provides: (4) Any qualified contractor or vendor who could have been awarded the project had the project been competitively bid shall have standing to challenge the propriety of the local government's actions when the local government seeks to invoke the provisions of this section. The prevailing party in such action shall be entitled to recover its reasonable attorney's fees.

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