Opinion
Nos. AF-475, AJ-393.
February 8, 1984. Rehearing Denied January 31, 1983.
Appeal from the Circuit Court, Alachua County, Benjamin M. Tench, J.
Chesterfield Smith, Julian Clarkson, Michael Fogarty and Gregg Thomas of Holland Knight, Tampa, for appellants.
Joseph W. Little, Gainesville, amici curiae, for appellants.
Thomas R. Julin of Steel, Hector Davis, Miami, Sandra Bieber of Sherman Bieber, and Larry G. Turner of Larry G. Turner Associates, Gainesville, for appellees.
Jim Smith, Atty. Gen., Tallahassee, and Florence Beth Snyder, Gen. Counsel for Palm Beach Newspapers, Inc., West Palm Beach, amici curiae, for appellees.
OPINION ON REMAND
This Court's opinion, reported at 425 So.2d 582 (Fla. 1st DCA 1982), was reviewed by the supreme court by certiorari proceedings. Upon issuance of the mandate quashing our opinion and remanding for certain further determination, we accordingly adopt the supreme court's opinion shown as Wood v. Marston, 442 So.2d 934 (Fla. 1983).
That court's opinion noted our initial declination to determine the issue of appellees' entitlement to attorney's fees but which by the reversal is now proper for consideration and this Court's disposition. Upon further review we find and hold that appellees are due attorney's fees and costs as provided by section 286.011(4) and in further explication adopt as our reasoning Judge Wigginton's dissent relating to this subject at 425 So.2d 582, 588.
We reinstate the attorney's fees and costs awarded the appellees by the trial judge. We also grant appellees' motion for award of fees in representing appellees before this Court and approve the previously stipulated amount of $17,500 as a reasonable fee.
THOMPSON and WIGGINTON, JJ., and WILLIAM C. OWEN, Jr., Associate Judge, concur.