JAMES TIEDEMAN AND ALBERT WHITEHEAD, APPELLANTS,
v.
CITY OF MIAMI, A MUNICIPALITY AND POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND SHOW MANAGEMENT, INC., APPELLEES
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Plaintiffs appealed the dismissal of their complaint seeking to open a temporarily closed public boat ramp at Dinner Key Marina in Miami. The court affirmed the dismissal for lack of standing and upheld attorney's fees for Show Management, Inc., but reversed the attorney's fees award to the City of Miami due to insufficient documentation of attorney time.
The court held that: (1) the complaint failed to allege standing under the special injury rule or an exception thereto, and plaintiffs could not have shown standing even by amendment; (2) attorney's fees were properly awarded to Show Management, Inc. under Section 57.105, Florida Statutes; and (3) attorney's fees to the City of Miami were improper due to insufficient documentation of attorney time.
[1] A complaint must allege, as required by law, that plaintiffs have standing under the special injury rule or an exception thereto to bring a lawsuit concerning a public bo…
[2] A lawsuit may be dismissed if it is plain from the record that the plaintiffs cannot amend their complaint to show standing.
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Join FLexlaw to unlock all legal intelligence“the complaint failed to allege, as required by law...that the plaintiffs had standing under the special injury rule, or an exception thereto, to bring the instant lawsuit”
Establishes the core grounds for dismissal - plaintiffs lacked standing to challenge the boat ramp closure
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Join FLexlaw to unlock all legal intelligencePlaintiffs Tiedeman and Whitehead sought injunctive relief to open a temporarily closed public boat ramp at the Dinner Key Marina in Miami, Florida. T…
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PER CURIAM.
The final order which denies the plaintiffs’ motion for temporary injunction and dismisses the plaintiffs’ motion for in-junctive relief is affirmed upon a holding that (a) the complaint failed to allege, as required by law, see Boucher v. Novotny, 102 So. 2d 132, 134-35 (Fla.1958); Central & S. Fla. Flood Control Dist. v. Scott, 169 So. 2d 368, 370 (Fla. 2d DCA 1964), that the plaintiffs had standing under the special injury rule, or an exception thereto, to bring the instant lawsuit to open a temporarily closed public boat ramp at the Dinner Key Marina in Miami, Florida, see North Broward, Hosp. Dist. v. Fornes, 476 So. 2d 154, 155-56 (Fla.1985); O’Dell v. Walsh, 81 So. 2d 554, 555 (Fla.1955); Paul v. Blake, 376 So. 2d 256, 259 (Fla. 3d DCA 1979); and (b) it was plain on this record that the plaintiffs could not by amendment have possibly shown any standing to bring this lawsuit. See Mhoon v. Singleton, 503 So. 2d 374, 375 (Fla. 1st DCA 1987); Winchester Corp. v. Miami Free Zone Corp., 443 So. 2d 1064 (Fla. 3d DCA 1984); see also Dade County Police Benevolent Ass’n v. Metropolitan Dade County, 452 So. 2d 6, 10 (Fla. 3d DCA 1984) (on rehearing), rev. denied, 461 So. 2d 114 (Fla.1985).
The final order which awards attorney’s fees to the defendant Show Management, Inc. under Section 57.105, Florida Statutes (1987), is affirmed upon a holding that (a) the entire lawsuit presented no justiciable issue of law or fact because there was no way on this record that the plaintiffs could have ever shown standing to bring this lawsuit or could have otherwise succeeded on the merits, Whitten v. Progressive Casualty Ins. Co., 410 So. 2d 501 (Fla.1982); New England Rare Coin Galleries, Inc. v. Robertson, 506 So. 2d 1161 (Fla. 3d DCA 1987); Puder v. Raymond Int’l Builders, Inc., 424 So. 2d 78 (Fla. 3d DCA 1982), rev. denied, 434 So. 2d 888 (Fla.1983); (b) attorney’s fees were properly awardable under the above statute for, among other things, litigating the amount of fee to be awarded, cf. Johnson v. Mississippi, 606 F. 2d 635, 637-38 (5th Cir.1979); Prandini v. National Tea Co., 585 F. 2d 47, 53-54 (3d Cir.1978); Castaway Lounge of Bay County, Inc. v. Reid, 411 So. 2d 282, 285 (Fla. 1st DCA 1982); and (c) there is no basis to upset the amount of the award as urged by the defendant Show Management, Inc. on the cross appeal. See Bill Rivers Trailers, Inc. v. Miller, 489 So. 2d 1139, 1143 (Fla. 1st DCA 1986); Hanlon v. A.P. Clark Motors, Inc., 487 So. 2d 427, 427 (Fla. 5th DCA 1986); Florida Homes Constr. Co. v. Execu*Sys. of Cent. Fla., Inc., 393 So. 2d 648 (Fla. 5th DCA 1981).
The final order awarding attorney’s fees to the City of Miami under Section 57.105, Florida Statutes (1987), is reversed upon a holding that insufficient attorney time record documentation was adduced below to support such an award. See Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145, 1150 (Fla.1985); Multitech Corp. v. St. Johns Bluff Inv. Corp., 518 So. 2d 427, 434 (Fla. 1st DCA 1988).
Affirmed in part; reversed in part.
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State Farm Fire & Cas. Co. v. Palma, 629 So. 2d 830 (Fla. 1993)…525 (Fla. 1st DCA 1989) (“[I]t also appears to be well settled that attorney fees may also be recoverable for the time spent litigating entitlement to attorney fees.”), quashed on other grounds, 566 So. 2d 791 (Fla.1990); Tiedeman v. City of Miami, 529 So. 2d 1266, 1267 (Fla. 3d DCA 1988) (“ [Attorney's fees were properly awardable under the ... statute for, among other things, litigating the amount of fee to be awarded[.]”); Gibson v. Walker, 380 So. 2d 531 (Fla. 5th DCA 1980) (finding that even though claim…
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U.S. Sec. Ins. Co. v. Cole, 579 So. 2d 153 (Fla. 2d DCA 1991)…ister courts of the first, third and fifth districts have permitted such recovery, see Ganson v. State, Department of Administration, 554 So. 2d 522 (Fla. 1st DCA 1989), rev. ’d on other grounds, 566 So. 2d 791 (Fla.1990); Tiedeman v. City of Miami, 529 So. 2d 1266 (Fla. 3d DCA 1988); Gibson v. Walker, 380 So. 2d 531 (Fla. 5th DCA 1980), the view in this district has been to disallow such an award when, as here, the prevailing party has no interest in the fee recovered. B & L Motors, Inc. v. Bignotti, 427 So.…
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Muckerman v. Burris, 553 So. 2d 1300 (Fla. 3d DCA 1989)…bor Islands, 380 So. 2d 1112 (Fla. 3d DCA 1980); Xerox Corp. v. Sharifi, 502 So. 2d 1003 (Fla. 5th DCA 1987); Allen v. Estate of Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980), review denied, 392 So. 2d 1373 (Fla.1980); accord Tiedeman v. City of Miami, 529 So. 2d 1266 (Fla. 3d DCA 1988). “Merely losing, either on the pleadings or by summary judgment, is not enough to invoke the operation of the statute.” Whitten, 410 So. 2d at 506; see Strothman v. Henderson Mental Health Center, Inc., 425 So. 2d 1185 (Fla. 4th D…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (21 total)
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
- Johnson v. The State OF Miss., 606 F.2d 635 (5th Cir. 1979)
- Prandini v. Nat'l TEA Co. & the Amalgamated Food Emps. Union Local 590. Appeal of Jean H. Prandini, 585 F.2d 47 (3d Cir. 1978)
- Paul v. Al Blake, 376 So. 2d 256 (Fla. 3d DCA 1979)
- N. Broward Hosp. Dist. v. Fornes, 476 So. 2d 154 (Fla. 1985)
- Grover v. VAN Heusden, 102 So. 2d 132 (Fla. 1958)
- Bill Rivers Trailers, Inc. v. Miller, 489 So. 2d 1139 (Fla. 1st DCA 1986)
- Boucher v. Novotny, 102 So. 2d 132 (Fla. 1958)
- The Castaway Lounge OF BAY Cnty., Inc. v. Reid, 411 So. 2d 282 (Fla. 1st DCA 1982)