Kellie A. Reese v. City of Crystal River, No. 06-15357 (11th Cir. 2007)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS No. 06-15357 Non-Argument Calendar ________________________ ELEVENTH CIRCUIT FEB 21, 2007 THOMAS K. KAHN CLERK D.C. Docket No. 03-00232-CV-OC-10-GRJ KELLIE A. REESE, Plaintiff-Appellee, versus CITY OF CRYSTAL RIVER, Florida, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (February 21, 2007) Before DUBINA, CARNES and COX, Circuit Judges. PER CURIAM: The City of Crystal River ( the City ) appeals the district court s denial of the City s motion for attorneys fees and costs. The City contends that it is entitled to recover the fees and costs from Kellie A. Reese and Reese s attorney because Reese filed a frivolous lawsuit in bad faith against the City and because Reese s attorney acted unreasonably and vexatiously to multiply the proceedings in that case. After a review of the parties briefs and the record on appeal, we conclude that the district court did not abuse its discretion in denying the City s request for fees and costs. The district court did not err in finding that Reese s action was not frivolous, unreasonable or without foundation and counsel for the Plaintiff did not multiply the proceedings in this case unreasonably and vexatiously. (R.2-66 at 3.) AFFIRMED. 2
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