DEPARTMENT OF REVENUE, STATE OF FLORIDA, APPELLANT,
v.
MAX E. GURTLER AND LUCIA GURTLER, HIS WIFE, APPELLEES
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LETTS, Judge.
This cause is reversed and remanded with directions that the trial court enter a final judgment in favor of the appellant in accordance with “Defendants Exhibit # 2 received in evidence on 11/27/1978.”
In so directing, we would express our vexation that the trial judge, through no fault of his, was so misled, a happening which we have discovered through our persistent demands to supplement and correct the record pursuant to Fla.R.App.P. 9.200(f).
In the Appellees’ reply to our latest order of August 15th, 1979, it is in effect conceded that their stated position on appeal was baseless. Thus, notwithstanding their success in the lower court, we find there to be a complete absence of a justiciable issue of either law or fact. .This b.eing so, pursuant to Section 57.105, Florida Statutes (1978), we hereby assess One thousand ($1,000) dollars in attorneys fees in favor of the appellant.
REVERSED AND REMANDED IN ACCORDANCE HEREWITH.
ANSTEAD, J., and CROSS, SPENCER, C., Associate Judge, concur.
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T.I.E. Commc'ns, Inc. v. Toyota Motors Ctr., Inc., 391 So. 2d 697 (Fla. 3d DCA 1980)…s to the action. .Although the statute does not specifically authorize attorneys’ fees on appeal, Section 59.46, Florida Statutes (1979), when read in conjunction with Section 57.105, authorizes such fees. See also Department of Revenue v. Gurtler, 381 So. 2d 242 (Fla. 4th DCA 1979). . It is interesting to note that T.I.E.’s sole point on appeal concerns the trial court’s failure to set aside the default. T.I.E. participated in the jury trial on damages and makes no complaint about the conduct of that trial…