DELMAR L. APPENFELDT, LAURA K. GUILD, OSCEOLA DEVCO, INC., A FLORIDA CORPORATION, AND FREDERICK J. SCHRAMM, JR., APPELLANTS,
v.
RONALD W. QUINN AND WIFE, MARY LOU QUINN, AND JOHN W. TIVNAN AND WIFE, HELEN F. TIVNAN, APPELLEES
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HOBSON, Acting Chief Judge.
Appellants maintain that the trial court erred when it denied their motion for a temporary injunction, refused to reform certain deeds, and granted appellees’ motion for attorney fees. We find appellants’ first and second contentions unpersuasive. We agree, however, that the award of attorney fees under section 57.105, Florida Statutes (1979), was improper. Section 57.105 requires that, in a civil action, attorney fees be awarded to the prevailing party if the court determines that there was “a complete absence of a justiciable issue” raised by the opposing party. An award of fees under that section is proper only where “the action is so clearly devoid of merit both on the facts and the law as to be completely untenable.” Allen v. Estate of Dutton, 384 So. 2d 171, 175 (Fla. 5th DCA 1980). Appellants’ cause of action in the instant case does not fall within this category.
We reverse the award of attorney fees and remand the case for the entry of an amended final judgment consistent with this opinion.
RYDER and DANAHY, JJ., concur.
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Leolus L. Wall v. Dep't OF Transp. OF the State OF Fla., 455 So. 2d 1138 (Fla. 2d DCA 1984)…ounty. An award of attorney’s fees under section 57.105 is proper only where the action is so clearly devoid of merit both on the facts and the law as to be completely untenable. Ferm v. Saba, 444 So. 2d 976 (Fla. 2d DCA 1983); Appenfeldt v. Quinn, 399 So. 2d 1026 (Fla. 2d DCA 1981). The claim must be devoid of even arguable substance. Whitten v. Progressive Casualty Insurance Co., 410 So. 2d 501 (Fla.1982). We hold that appellant’s claim against the county was neither completely untenable nor devoid of argua…
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Lennart J. Ferm v. Saba, 444 So. 2d 976 (Fla. 2d DCA 1983)…omplete absence of a justiciable issue” raised by the opposing party. An award of fees under this section is proper only where the action is so clearly devoid of merit both on the facts and the law as to be completely untenable. Appenfeldt v. Quinn, 399 So. 2d 1026 (Fla. 2d DCA 1981). Because of the situation created by appellees, this lawsuit was not spurious and completely untenable. In fact, we believe that appellants chose the safest and perhaps only logical course of action to settle any lingering doubt a…
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Lumbermens Mut. Cas. Co. v. Sherouse, 413 So. 2d 844 (Fla. 3d DCA 1982)…PER CURIAM. Affirmed. Appellee’s motion for attorney’s fees is denied. Trexler v. Fiat Motor Co., 400 So. 2d 1320 (Fla. 5th DCA 1981); Appenfeldt v. Quinn, 399 So. 2d 1026 (Fla. 2d DCA 1981); §§ 57.105, 59.46, Fla.Stat. (1981).…
Authorities Cited
- Carola D. Allen v. Est. of Ellen C. Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980)