TERRENCE KENNETH HILL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Marcellus M. Mason, Jr. v. Highlands Cnty. Bd. OF Cnty. Comm'rs, 817 So. 2d 922 (Fla. 2d DCA 2002)
  …ch. 99-225, § 4, Laws of Fla., cases interpreting the predecessor statute provide some guidance to our review of the trial court’s award under the current version of the statute. In Apgar & Markham Construction of Florida, Inc. v. Macasphalt, Inc., 424 So. 2d 41, 42 (Fla. 2d DCA 1982), the court reversed an order awarding attorney’s fees pursuant to section 57.105 because the trial court failed to make the requisite finding as to whether there was any justiciable issue of either law or fact raised by the lo…
• Schwartz v. W-K P'rs, 530 So. 2d 456 (Fla. 5th DCA 1988)
  …05, the trial court must make a finding that there was a complete absence of a justiciable issue raised by the losing party. See Fox v. Loeffler, 434 So. 2d 2 (Fla. 4th DCA 1983); Apgar and Markham Construction of Florida, Inc., v. MacAsphalt, Inc., 424 So. 2d 41 (Fla. 2d DCA 1982). Since the final judgment does not contain such a finding, we reverse the award of attorney’s fees and remand to the trial court with directions to make an appropriate finding based on the record as to whether there was any justic…
• Ware v. Land Title Co. OF Fla., Inc., 582 So. 2d 46 (Fla. 2d DCA 1991)
  …nically deficient and must be reversed. Whitten v. Progressive Casualty Ins. Co., 410 So. 2d 501 (Fla.1982); [*47] Maryland Casualty Ins. Co. v. Semmer Elec., Inc., 535 So. 2d 670 (Fla.2d DCA 1988); Apgar & Markham Constr., Inc. v. Macasphalt, Inc., 424 So. 2d 41 (Fla.2d DCA 1982). The orders in this case did not contain the necessary findings and, therefore, were deficient. We, accordingly, reverse and remand with directions to make an appropriate finding based on the record. If the court expressly finds t…