WILLIAM L. FOX, APPELLANT,
v.
RITA M. LOEFFLER AND FLORENCE E. FOX, APPELLEES
PER CURIAM.
We affirm the appealed order except for the portion awarding attorney fees to appellees, which fee award we reverse.
The appealed order provided:
“2. The Motion for Attorneys Fees for Loeffler and Fox is hereby granted for costs and attorney’s fees which have been incurred since June 1, 1978, that being the time when Florida Statute 57.105 became law.”
It, as shown, contained no finding by the circuit court regarding a complete absence of justiciable issue. We reverse upon authority of Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla.1982) and Strothman v. Henderson Mental Health Center, Inc., 425 So. 2d 1185 (Fla. 4th DCA, 1983).
Affirmed in part; reversed in part.
DOWNEY, DELL and WALDEN, JJ., concur.
WALDEN, Judge.
Appellees ask that the cause be remanded to the trial court with directions to make an appropriate finding based on the record as to whether or not there was a complete absence of any justiciable issues, and to then assess or deny attorney fees based on that finding as was done in City of Miami Beach v. Town of Bay Harbor, 380 So. 2d 1112 (Fla. 3d DCA 1980). We agree and modify our original opinion so as to remand with such instructions. Having modified our initial opinion, the motion for rehearing is
DENIED.
DOWNEY and DELL, JJ., concur.
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Schwartz v. W-K P'rs, 530 So. 2d 456 (Fla. 5th DCA 1988)…search prior to filing the suit would have revealed this fact. In entering an award under section 57.105, 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 co…
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Mahaney v. Sumter Elec. Coop., Inc., 732 So. 2d 373 (Fla. 5th DCA 1999)…ers, 530 So. 2d 456, 458 (Fla. 5th DCA 1988), wherein we held: In entering an award under section 57.105, 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 cou…
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Peerless Elec. Co., Inc. v. Goldberger, 473 So. 2d 300 (Fla. 4th DCA 1985)…ourt to make a specific and explicit finding regarding a complete absence of a justiciable issue pursuant to section 57.105, Florida Statutes (1983). Whitten v. Progressive Casualty Insurance Co., 410 So. 2d 501 (Fla.1982); see also Fox v. Loeffler, 434 So. 2d 2 (Fla. 4th DCA 1983). Our examination of the record confirms the existence of a basis for such a finding. REVERSED and REMANDED. GLICKSTEIN and WALDEN, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
- Strothman v. Henderson Mental Health Ctr., Inc., 425 So. 2d 1185 (Fla. 4th DCA 1983)
- City OF Miami Beach v. Town OF BAY Harbor Islands, 380 So. 2d 1112 (Fla. 3d DCA 1980)