DAVID L. HEILMAN, APPELLANT,
v.
AMERIFIRST SAVINGS & LOAN AND CLASSICAL DEVELOPMENT CORP., APPELLEES

Fla. 4th DCA | 1987-05-20
No. 4-86-2699
DOWNEY, ANSTEAD and STONE, JJ., concur.
507 So. 2d 732 Florida District Court of Appeal, Fourth District (1987) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We sua sponte dismiss this appeal having determined that the issue raised herein is without merit and frivolous on its face. We remand the cause to the trial court with directions that costs and attorney’s fees be taxed pursuant to section 57.105, Florida Statutes (Supp.1986) which provides:

The court shall award a reasonable attorney’s fee to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney in any civil action in which the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the complaint or defense of the losing party; provided, however, that the losing party’s attorney is not personally responsible if he has acted in good faith, based on the representations of his client.

See Whitten v. Progressive Casualty Insurance Co., 410 So. 2d 501 (Fla.1982).

DOWNEY, ANSTEAD and STONE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Garish Brahmbhatt v. Allstate Indem. Co., 655 So. 2d 1264 (Fla. 4th DCA 1995)
    …so lacking in merit as to be frivolous on its face, and we therefore remand to the trial court with directions that appellate costs and attorney’s fees be assessed pursuant to section 57.105, Florida Statutes. See Heil-man v. Amerifirst Sav. & Loan, 507 So. 2d 732 (Fla. 4th DCA) rev. denied, 518 So. 2d 1275 (1987). Appellant appeals a summary judgment determining that UM coverage did not apply to an incident in which the insured was murdered. The undisputed facts reflect that the insured stopped while drivin…
  • Garish Brahmbhatt v. Allstate Indem. Co., 652 So. 2d 1224 (Fla. 4th DCA 1995)
    …hat the issue raised is so lacking in merit as to be frivolous on its face, and remand to the trial court with directions that costs and attorney’s fees be assessed pursuant to section 57.105, Florida Statutes. See Heilman v. Amerifirst Sav. & Loan, 507 So. 2d 732 (Fla. 4th DCA) rev. denied, 518 So. 2d 1275 (1987). Appellant appeals a summary judgment determining that UM coverage did not apply to an incident in which the insured was murdered. The undisputed facts reflect that the insured stopped while drivin…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw