JOSEPH MICHAEL PEADON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSEPH MICHAEL PEADON, APPELLANT,
STATE OF FLORIDA, APPELLEE
398 So. 2d 485
Florida District Court of Appeal, First District (1981)
Negative Treatment
Cited by 50 cases
Opinion of the Court
PER CURIAM.
We affirm Appellant’s underlying conviction of possession of more than twenty (20) grams of marijuana in violation of Section 893.13(l)(e), Florida Statutes. However, we reverse and remand for resentencing in accordance with Villery v. Florida Parole & Probation Commission, 396 So. 2d 1107 (Fla. 1981).
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.
ERVIN, J., and LILES, WOODIE A. (Retired), and PEARSON, TILLMAN (Retired), Associate Judges, concur.
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Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)…cient and must be reversed. Allen v. Estate of Dutton, 394 So. 2d 132, 135 (Fla. 5th DCA 1980); City of Miami Beach v. Town of Bay Harbor Islands, 380 So. 2d 1112, 1113 (Fla.3d DCA 1980); but see Autorico, Inc. v. Government Employees Insurance Co., 398 So. 2d 485, 488 (Fla.3d DCA 1981). The order under review is technically deficient because it contains no finding by the circuit court regarding a complete absence of a justiciable issue. The statutory requirements of section 57.105 were not met in this case.…
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Ganz v. HZJ, Inc., 605 So. 2d 871 (Fla. 1992)…ifficult, if not impossible, for a party to plead in good faith its entitlement to attorney’s fees under section 57.105 before the case is ended. We agree with the Third District’s observation in Autorico, Inc. v. Government Employees Insurance Co., 398 So. 2d 485, 487-88 (Fla. 3d DCA 1981): There is certainly no way for a litigant to know in advance whether the adverse party will raise nothing but frivolous issues in a civil case and, therefore, to plead in good faith its entitlement to attorney’s fees unde…
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Walker v. Cash Register Auto Ins. OF Leon Cnty., Inc., 946 So. 2d 66 (Fla. 1st DCA 2006)…ifficult, if not impossible, for a party to plead in good faith its entitlement to attorney’s fees under section 57.105 before the case is ended. We agree with the Third District’s observation in Autorico, Inc. v. Government Employees Insurance Co., 398 So. 2d 485, 487-88 (Fla. 3d DCA 1981): There is certainly no way for a litigant to know in advance whether the adverse party will raise nothing but frivolous issues in a civil case and, therefore, to plead in good faith its entitlement to attorney’s fees unde…
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- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)