District Court of Appeal of Florida February 28, 1985, No. 84-258 (Florida Police Benevolent Ass'n v. Miller)

DAUKSCH, Judge.

This is an appeal from a judgment in a declaratory relief action.

The issue on appeal is whether a sheriff must pay, out of public funds, for the attorneys fees and legal costs of one of his deputies who successfully defends a criminal prosecution against the said deputy-

Appellant urges that the holding in Nuzum v. Valdes, 407 So.2d 277 (Fla.