RICHARD M. BRENNER AND MARK A. DIENSTAG, APPELLANTS,
v.
B.J. LAYNE, AS MANAGING AND MAJORITY PARTNER OF LAYNE, BRENNER & DIENSTAG, A FLORIDA CORPORATION, APPELLEE
RICHARD M. BRENNER AND MARK A. DIENSTAG, APPELLANTS,
B.J. LAYNE, AS MANAGING AND MAJORITY PARTNER OF LAYNE, BRENNER & DIENSTAG, A FLORIDA CORPORATION, APPELLEE
518 So. 2d 445
Florida District Court of Appeal, Third District (1988)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s order granting a preliminary injunction and remand for the purpose of setting an appropriate injunction bond. The trial court correctly restored the parties to the positions they occupied prior to this law-firm-partnership dispute. The trial court was also correct in enforcing the arbitration provisions of the partnership agreement.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Read v. Taylor, 832 So. 2d 219 (Fla. 4th DCA 2002)…arnival Leisure Indus., Ltd., v. Holzman, 660 So. 2d 410, 412 (Fla. 4th DCA 1995). Where a party asserts a good faith attempt to change an existing rule of law, that party is not subject to attorney’s fees under section 57.105. See Jones v. Charles, 518 So. 2d 445 (Fla. 4th DCA 1988). See also Weatherby Assocs., Inc. v. Ballade, 783 So. 2d 1138, 1142 (Fla. 4th DCA 2001)(“[T]here are two prongs to the analysis under section 57.105.... First, the court must determine whether the suit was frivolous when initial…
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Justo Vasquez v. Provincial S., Inc., 795 So. 2d 216 (Fla. 4th DCA 2001)…Carnival Leisure Indus., Ltd. v. Holzman, 660 So. 2d 410, 412 (Fla. 4th DCA 1995). Where a party asserts a good faith attempt to change an existing rule of law, that party is not subject to attorney’s fees under section 57.105. See Jones v. Charles, 518 So. 2d 445 (Fla. 4th DCA 1988). Based on the above-cited authority we agree with the Appellant that the trial court erred by failing to make specific findings that the Appellant’s claim was frivolous and completely untenable. Regarding the Appellant’s good f…
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Carnival Leisure Indus., Ltd. v. Holzman, 660 So. 2d 410 (Fla. 4th DCA 1995)…g law does not render an action frivolous. Muckerman v. Burris, 553 So. 2d 1300 (Fla. 3d DCA 1989), rev. denied, 567 So. 2d 435 (Fla.1990); Wiggins v. Southern Management Corp., 629 So. 2d 1022 (Fla. 4th DCA 1993). Specifically, in Jones v. Charles, 518 So. 2d 445, 446 (Fla. 4th DCA 1988), this court held “[a] party asserting a good faith, soundly-based attempt to change an existing rule of law is not subject to attorney’s fees under section 57.105.” In the instant case, at the time Carnival filed its compla…
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