EUGENE FIERER AND DIANE FIERER, APPELLANTS,
v.
18TH AVENUE DEVELOPMENT CORP., LEONARD SCHREIBER, SHIRLEY SCHREIBER, RICHARD VANDEGRIFT AND MERIS VANDEGRIFT, APPELLEES
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A voluntary dismissal does not preclude an award of attorney's fees under Section 57.105, Florida Statutes, if the trial court makes the required finding of a complete lack of a justiciable issue supported by the record.
Plaintiffs voluntarily dismissed their case, and the defendants were subsequently awarded attorney's fees pursuant to Section 57.105, Florida Statutes…
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PER CURIAM.
Eugene and Diane Fierer, plaintiffs below, appeal an award of attorney’s fees (made pursuant to Section 57.105, Florida Statutes (1979)) to Leonard Schreiber, et al., defendants below, following a voluntary dismissal.
The judgment contained the proper specific findings of a complete lack of justiciable issue. Autorico, Inc. v. Government Employees Insurance Company, 398 So. 2d 485 (Fla. 3d DCA 1981); City of Miami Beach v. Town of Bay Harbor Islands, 380 So. 2d 1112 (Fla. 3d DCA 1980). The trial court’s findings are abundantly supported by the record. Kisling v. Woolridge, 397 So. 2d 747 (Fla. 5th DCA 1981).
Voluntary dismissal is not a bar to an award of attorney’s fees. MacBain v. Bowling, 374 So. 2d 75 (Fla. 3d DCA 1979); see also Gordon v. Warren Heating & Air Conditioning, Inc., 340 So. 2d 1234 (Fla. 4th DCA 1976).
Appellants’ reliance on Executive Centers of America v. Durability Seating Interiors, Incorporated, 402 So. 2d 24 (Fla. 3d DCA 1981) is misplaced. Executive Centers, supra, holds that a dismissal by itself will not support an award under Section 57.105, Florida Statutes (1979), absent the required finding of a complete lack of justiciable issue which is supported by the record. Executive Centers, supra, at 26. Here, the trial court made the requisite finding on the basis of a proper record. Accordingly, the judgment under review is affirmed.
Affirmed.
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Kirby v. Adkins, 582 So. 2d 1209 (Fla. 5th DCA 1991)…ere is a proper finding of a complete absence of a justiciable issue of law or fact. 51 Island Way Condominium Ass’n, Inc. v. Williams, 458 So. 2d 364 (Fla. 2d DCA 1984), rev. denied, 476 So. 2d 676 (Fla.1985); Fierer v. 18th Ave. Development Corp., 417 So. 2d 1005 (Fla. 3d DCA 1982), rev. denied, 429 So. 2d 5 (Fla.1983). Since there was no justiciable issue of law or fact with respect to Kirby’s claim, we affirm the award of fees against him. The award of attorney’s fees and costs against Cushman was imprope…
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BAY Fin. Sav. Bank v. Hook, 648 So. 2d 305 (Fla. 2d DCA 1995)…dismiss, Hook voluntarily dismissed the lawsuit. A voluntary dismissal, although not itself a concession of inability to present a colorable claim, does not necessarily avert an award of attorney’s fees. See Fierer v. 18th Avenue Development Corp., 417 So. 2d 1005 (Fla. 3d DCA 1982), rev. denied, 429 So. 2d 5 (Fla.1983); see also, Solimando v. Aloha Medical Center, 566 So. 2d 580 (Fla. 2d DCA 1990); Executive Centers of America, Inc. v. Durability Seating & Interiors, Inc., 402 So. 2d 24 (Fla. 3d DCA 1981). I…
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E.A. LAW & Co. v. Provende, Inc., 471 So. 2d 107 (Fla. 3d DCA 1985)…T. Corp., 346 So. 2d 1042, 1043 (Fla. 1st DCA 1977); Baya v. Price, 222 So. 2d 253, 254 (Fla. 3d DCA 1969). . Autorico, Inc. v. Government Employees Insurance Co., 398 So. 2d 485, 488 (Fla. 3d DCA 1981); see Fierer v. 18th Avenue Development Corp., 417 So. 2d 1005 (Fla. 3d DCA 1982), pet. for review denied, 429 So. 2d 5 (Fla.1983); City of Miami Beach v. Town of Bay Harbor Islands, 380 So. 2d 1112 (Fla. 3d DCA 1980).…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Peadon v. State, 398 So. 2d 485 (Fla. 1st DCA 1981)
- Kessler v. Medow, 374 So. 2d 75 (Fla. 3d DCA 1979)
- Executive Ctrs. OF Am., Inc. v. Durability Seating & Interiors, 402 So. 2d 24 (Fla. 3d DCA 1981)
- Gordon v. Warren Heating & AIR Conditioning, Inc., 340 So. 2d 1234 (Fla. 4th DCA 1976)
- Press v. Press, 340 So. 2d 1234 (Fla. 4th DCA 1976)
- City OF Miami Beach v. Town OF BAY Harbor Islands, 380 So. 2d 1112 (Fla. 3d DCA 1980)
- Kisling v. Wooldridge, 397 So. 2d 747 (Fla. 5th DCA 1981)