MYRON WARSHAW, APPELLANT,

v.

ANTONIO MONROY AND ADELINA MONROY, HIS WIFE, APPELLEES

Fla. 3d DCA | 1987-11-03

Nos. 87-96, 87-593

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.

515 So. 2d 307 Florida District Court of Appeal, Third District (1987) Positive Treatment

Cited by 8 cases

Opinion of the Court

PER CURIAM.

We affirm the final judgment awarding damages to the plaintiffs. Although the record before us amply supports an award of attorney’s fees to the plaintiffs under Section 57.105, Florida Statutes (Supp. 1986), the order assessing such fees contains no express finding, as it must, see Muckenfuss v. Deltona Corp., 508 So. 2d 340 (Fla.1987); Whitten v. Progressive Casualty Insurance Co., 410 So. 2d 501 (Fla.1982), that there was a complete absence of a justiciable issue raised by the defendant, the losing party. Thus, the order on attorney’s fees is technically deficient and must be reversed; the cause is therefore remanded to the trial court to make the appropriate finding based on the record. Apgar & Markham Construction v. Macasphalt, Inc., 424 So. 2d 41 (Fla.2d DCA 1982); City of Miami Beach v. Town of Bay Harbor Islands, 380 So. 2d 1112 (Fla. 3d DCA 1980). See Burger King Corp. v. Mason, 710 F. 2d 1480 (11th Cir. 1983) (remand appropriate where trial court fails to make requisite findings to support award under Section 57.105, Florida Statutes).

Affirmed in part; reversed in part and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Pers. ONE, Inc. v. John Sommerer & Co., P.A., 564 So. 2d 1217 (Fla. 3d DCA 1990)

…ward of fees under section 57.105(1), there must be an express finding by the trial court that there was a complete absence of a justiciable issue raised by the losing party. Muckenfuss v. Deltona Corp., 508 So. 2d 340 (Fla.1987), Warshaw v. Monroy, 515 So. 2d 307 (Fla. 3d DCA 1987). “A summary judgment is rendered upon a showing that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. This standard is not equivalent to the finding of frivolo…
Mickler v. Graham, 611 So. 2d 93 (Fla. 1st DCA 1992)

…e necessary findings based on the record. Whitten v. Progressive Casualty Insur. Co., 410 So. 2d 501, 506 (Fla. 1982); Hirtreiter v. Donovan, 594 So. 2d 342 (Fla. 2d DCA1992); Harrison v. Rambuski, 567 So. 2d 56 (Fla. 2d DCA1990); Warshaw v. Monroy, 515 So. 2d 307 (Fla. 3d DCA1987); Sheriff of Alachua County v. Hardie, 433 So. 2d 15, 16 (Fla. 1st DCA1983) (statutory award of attorney’s fees must be based on finding that the action is clearly devoid of merit on both the facts and law, and is so untenable as to…
Broad AND Cassel v. Newport Motel, Inc., 636 So. 2d 590 (Fla. 3d DCA 1994)

…93 (Fla. 1st DCA 1992); Hirtreiter v. Donovan, 594 So. 2d 342 (Fla. 2d DCA 1992); Harrison v. Rambuski, 567 So. 2d 56 (Fla. 2d DCA 1990); Personnel One, Inc. v. John Sommerer & Co., P.A., 564 So. 2d 1217, 1219 (Fla. 3d DCA 1990); Warshaw v. Monroy, 515 So. 2d 307 (Fla. 3d DCA 1987); Sheriff of Alachua County v. Hardie, 433 So. 2d 15, 16 (Fla. 1st DCA 1983); Suwannee County v. Garrison, 417 So. 2d 1070, 1072-73 (Fla. 1st DCA 1982); Autorico, Inc. v. Government Employees Ins. Co., 398 So. 2d 485, 488 (Fla. 3d…

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Authorities Cited

Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
Burger King Corp. v. Mason, 710 F.2d 1480 (11th Cir. 1983)
Muckenfuss v. Deltona Corp., 508 So. 2d 340 (Fla. 1987)
City OF Miami Beach v. Town OF BAY Harbor Islands, 380 So. 2d 1112 (Fla. 3d DCA 1980)
Hill v. State, 424 So. 2d 41 (Fla. 5th DCA 1982)

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