RUDY MUCKENFUSS, ETC., ET AL., APPELLANTS/CROSS-APPELLEES,
v.
THE DELTONA CORPORATION, ETC., APPELLEE/CROSS-APPELLANT

Fla. 5th DCA | 1986-03-06
No. 85-48
UPCHURCH and SHARP, JJ., concur.
487 So. 2d 1079 Florida District Court of Appeal, Fifth District (1986) Positive Treatment
Cited by 4 cases
Topics
Attorney'S Fees

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal by a county property appraiser from a judgment which determined that he had made an improper evaluation of appellee’s land for tax purposes. We affirm the judgment. Although there was perhaps a legitimate question in appellants’ minds as to the existence of a justiciable issue of fact when the lawsuit was initially filed, this question of fact was removed when it was established that appellants were incorrect. See Muckenfuss v. Miller, 421 So. 2d 170 (Fla. 5th DCA 1982), rev. den. 430 So. 2d 450, rev. den. 430 So. 2d 451 (Fla.1983). Because a substantial portion of this lawsuit and this appeal consisted of a legal controversy in which there was virtually a complete absence of a justiciable issue of either law or fact, we reverse the order denying attorneys fees. This cause is remanded to the trial court for an assessment of fees for appellee’s attorney, to be paid by appellants, in an amount to be assessed by the trial judge. Allen v. Estate of Dutton, 384 So. 2d 171 (Fla. 5th DCA), rev. den. 392 So. 2d 1373 (Fla.1980); Hernandez v. Leiva, 391 So. 2d 292 (Fla. 3d DCA 1980).

Judgment AFFIRMED; order QUASHED; REMANDED.

UPCHURCH and SHARP, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Muckenfuss v. Deltona Corp., 508 So. 2d 340 (Fla. 1987)
    …SHAW, Justice. We have for review Muckenfuss v. Deltona Corp., 487 So. 2d 1079, (Fla. 5th DCA 1986), because of direct and express conflict with Whitten v. Progressive Casualty Insurance Co., 410 So. 2d 501 (Fla.1982). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The district court reversed the trial court’s denial of…
  • Wells Fargo Armored Servs. & Corina Tacher v. Kearse, 575 So. 2d 788 (Fla. 3d DCA 1991)
    …PER CURIAM. Affirmed. See Stephens v. Renard, 487 So. 2d 1079 (Fla. 5th DCA 1986), review denied, 494 So. 2d 1152 (Fla.1986); Erie Insurance Company v. Bushy, 394 So. 2d 228 (Fla. 5th DCA 1981); Ward v. Nationwide Mutual Fire Insurance Company, 364 So. 2d 73 (Fla. 2d DCA 1978).…
  • Cases v. Gray, 894 So. 2d 268 (Fla. 3d DCA 2004)
    …in Holt, we disagree. On the authority of, and for the reasons well expressed in Holt, we hold that a PIP setoff is required and therefore reverse the judgment below for further consistent proceedings. Conflict is certified with Stephens v. Renard, 487 So. 2d 1079 (Fla. 5th DCA 1986), review denied, 494 So. 2d 1152 (Fla.1986) and Jedlicka v. Proctor, 724 So. 2d 668 (Fla. 2d DCA 1999). Reversed and remanded.…

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