CITY OF DEERFIELD BEACH, APPELLANT,
v.
OLIVER-HOFFMAN CORPORATION OF DEERFIELD BEACH, APPELLEE
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. The city had cleared the appellee’s lot and imposed a lien for the expenses pursuant to a municipal code provision which permits this to be done if the property is in an unsightly or unsanitary condition. The primary issue below was whether the lot was in fact in a state to justify the city’s action. On this question, the evidence at the trial was conflicting and disputed.
. We do not suggest that the denial of a summary judgment motion alone and invariably requires denial of fees under Sec. 57.105. If, for example, the showing in opposition to the motion is presented in bad faith, the statute may well be appropriately applied. While the appellee argues otherwise, we find that no such conduct or its equivalent was involved in this case.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)…2d 1007 (Fla.2d DCA 1981); Kisling v. Wooldridge, 397 So. 2d 747 (Fla. 5th DCA 1981); Sachs v. Hoglund, 397 So. 2d 447 (Fla.3d DCA 1981); White v. Montebello Corp., 397 So. 2d 326 (Fla. 5th DCA 1981); City of Deerfield Beach v. Oliver-Hoffman Corp., 396 So. 2d 1187 (Fla. 4th DCA 1981); Denes & Denes & Associates, Inc. v. Walter E. Heller & Co., 396 So. 2d 760 (Fla.3d DCA 1981); T.I.E. Communications, Inc. v. Toyota Motors Center, Inc., 391 So. 2d 697 (Fla.3d DCA 1980); Hernandez v. Leiva, 391 So. 2d 292 (Fla.3…
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Thornber v. City OF Fort Walton Beach, 568 So. 2d 914 (Fla. 1990)…es. Whitten v. Progressive Casualty Insurance Co., 410 So. 2d 501 (Fla.1982). While the statute serves a salutary pur [*920] pose, it may not be extended to every case and every unsuccessful litigant. City of Deerfield Beach v. Oliver-Hoffman Corp., 396 So. 2d 1187 (Fla. 4th DCA), review denied, 407 So. 2d 1104 (Fla.1981). The city’s defense of the council members’ claim did not completely lack a justiciable issue of either law or fact so as to allow them to recover fees against the city under section 57.105.…
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Greenberg v. Manor Pines Realty Corp., 414 So. 2d 260 (Fla. 4th DCA 1982)…is so clearly devoid of merit, both on the facts and the law as to render the action frivolous. See, e.g., Whitten v. Progressive Casualty Insurance Co., 410 So. 2d 501 (Fla.1982); City of Deerfield Beach v. Oliver-Hoffman Corp. of Deerfield Beach, 396 So. 2d 1187 (Fla. 4th DCA 1981); T.I.E. Communication v. Toyota Motors, 391 So. 2d 697 (Fla. 3d DCA 1980); and Allen v. Estate of Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980). While the trial court did, indeed, find a complete absence of a justicia-ble issue of e…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carola D. Allen v. Est. of Ellen C. Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980)
- T.I.E. Commc'ns, Inc. v. Toyota Motors Ctr., Inc., 391 So. 2d 697 (Fla. 3d DCA 1980)
- Hernandez v. Leiva, 391 So. 2d 292 (Fla. 3d DCA 1980)
- White v. The Montebello Corp., 397 So. 2d 326 (Fla. 5th DCA 1981)
- Denes & Denes & Assocs., Inc. v. Walter E. Heller & Co. OF Fla., Inc., 396 So. 2d 760 (Fla. 3d DCA 1981)