FIREMAN'S FUND INSURANCE COMPANIES, APPELLANT,
v.
ADA ROJAS, APPELLEE

Fla. 3d DCA | 1984-04-03
No. 83-2310
Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.
447 So. 2d 1023 Florida District Court of Appeal, Third District (1984) Caution
Cited by 12 cases
Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

After our reversal and remand in Fireman’s Fund Ins. Co. v. Rojas, 409 So. 2d 1166 (Fla.3d DCA 1982), the plaintiff took a voluntary dismissal and the trial court thereupon awarded attorney’s fees to the defendant under Section 57.105, Florida Statutes (1981). The order is reversed because the record does not demonstrate, as the statute requires, that “there was a complete absence of a justiciable issue of law or fact raised by the losing party.” [e.s.] See Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla.1982). The prior appellate proceeding alone mandates the determination that the plaintiff’s position was not an entirely frivolous one. Hernandez v. Leiva, 391 So. 2d 292 (Fla.3d DCA 1980).

Reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Margulies v. Margulies, 528 So. 2d 957 (Fla. 3d DCA 1988)
    …nsofar as it gives Martin the sole discretion to choose Michael’s school, we also reverse that part of the order assessing attorney’s fees against Regina pur [*960] suant to section 57.105, Florida Statutes (1987). Fireman’s Fund Ins. Cos. v. Rojas, 447 So. 2d 1023 (Fla. 3d DCA 1984) (award of attorney’s fees reversed where the record did not demonstrate a complete absence of a justiciable issue of law or fact). In all other respects the trial court’s August 20, 1987, order is affirmed. On Regina’s appeal fro…
  • Dorf v. Usher, 514 So. 2d 68 (Fla. 4th DCA 1987)
    …03 (Fla. 4th DCA 1987); Keyes Co. v. Friedes, 497 So. 2d 916 (Fla. 3d DCA 1986); Olsen v. O’Connell, 466 So. 2d 352 (Fla. 2d DCA 1985); Klein v. Layne, Inc. of Florida, 453 So. 2d 203 (Fla. 4th DCA 1984); Fireman’s Fund Insurance Companies v. Rojas, 447 So. 2d 1023 (Fla. 3d DCA 1984); Stevenson v. Rutherford, 440 So. 2d 28 (Fla. 4th DCA 1983); Greenberg v. Manor Pines Realty Corp., 414 So. 2d 260 (Fla. 4th DCA 1982); City of Deerfield Beach v. Oliver-Hoffman Corp. of Deerfield Beach, 396 So. 2d 1187 (Fla. 4th…
  • Solimando v. Aloha Med. Ctr. & William J. Young, M.D., 566 So. 2d 580 (Fla. 2d DCA 1990)
    …ors, Inc., 402 So. 2d 24 (Fla. 3d DCA 1981). In fact, the previous appeal in this case and subsequent settlement indicate that Solimando’s claim was not entirely frivolous, at least as to some of the defendants. Cf. Fireman’s Fund Ins. Co. v. Rojas, 447 So. 2d 1023 (Fla. 3d DCA 1984). Accordingly, the petition for writ of cer-tiorari is granted, the order under review is quashed, and this matter is remanded to the circuit court for further proceedings consistent with this opinion. After remand the trial court…

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