ENOCH ASSOCIATES, INC., APPELLANT,
v.
MOULT INVESTMENTS, LTD., APPELLEE
ENOCH ASSOCIATES, INC., APPELLANT,
MOULT INVESTMENTS, LTD., APPELLEE
404 So. 2d 798
Florida District Court of Appeal, Third District (1981)
Positive Treatment
Cited by 5 cases
Opinion of the Court
NESBITT, Judge.
This is an appeal from the judgment of the trial court awarding attorney’s fees to the defendant. The award was made on authority of Section 57.105, Florida Statutes (1979). Since the plaintiff was the prevailing party in the underlying judgment, as a matter of law, there was a justiciable issue of law or fact presented by its action. Consequently, an award of attorney’s fees to the defendant was improper. For this reason, the judgment awarding attorney’s fees is reversed.
Cases With Similar Vibessemantic neighbors from the corpus
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Coral Springs Roofing Co., Inc. v. Mr. G.S. Campagna, 528 So. 2d 557 (Fla. 4th DCA 1988)…it a presumption of correctness. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979). Defense of that judgment also by necessity involves the advancement of justiciable issues. See Enoch Associates, Inc. v. Moult Investments, Ltd., 404 So. 2d 798 (Fla. 3d DCA 1981). Here, Coral was successful in the county court, and on appeal to the circuit court, it merely sought to uphold the county court’s ruling. As such, it cannot be found that Campagna was entitled to recover attorney’s fees after be…
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West v. State, 442 So. 2d 321 (Fla. 3d DCA 1983)…PER CURIAM. Affirmed. Harris v. State, 414 So. 2d 242 (Fla. 3d DCA 1982); Melton v. State, 404 So. 2d 798 (Fla. 3d DCA 1981).…
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McNEE v. BIZ, 473 So. 2d 5 (Fla. 4th DCA 1985)…t a presumption of correctness, Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979), and the defense of that judgment necessarily involved the advancement of justiciable issues. See Enoch Associates, Inc. v. Moult Investments, Ltd., 404 So. 2d 798 (Fla. 3d DCA 1981). Thus, the circuit court, sitting in its appellate capacity, departed from the essential requirements of law when it found no justiciable issue of law or fact and awarded attorney’s fees. Accordingly, we grant certiorari and quas…
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