FRED A. BISHOP, HELEN DEMOS, LUCILLE DUNNIGAN, KURT KANOW, MR. AND MRS. JAMES MCMAHON AND THE ORLANDO CENTRAL SEVENTH DAY ADVENTIST CHURCH, AS OWNERS AND OR TRUSTEES OF BEL FOUNTAINE, APPELLANTS,
v.
WILLIAM T. MOORE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LAURNELL E. YAFANARO AND JOSEPH M. CARUSO, JR., APPELLEES
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PER CURIAM.
This is an appeal from an order dismissing a complaint for declaratory relief. We affirm the order because it, in effect and by its findings, makes the correct ruling regarding the declaratory relief sought. However, we cannot affirm the award of attorney’s fees against appellant. Although appellants properly lost their case, there was not a complete absence of a justiciable issue. The trial court did not make that specific finding in its order and we have determined there was an issue raised. See Allen v. Estate of Dutton, 394 So. 2d 132 (Fla. 5th DCA 1980), rev. den., 402 So. 2d 609 (Fla.1981). The order of dismissal is affirmed; the order granting attorney’s fees is reversed. The order granting costs is affirmed.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
SHARP, C.J., and DAUKSCH and DANIEL, JJ., concur.
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Trotman v. State, 581 So. 2d 599 (Fla. 2d DCA 1991)…anonymous tip did not provide probable cause until a crucial prediction was validated by the officer’s observation of the event. In closing, without expanding this dissent with a detailed description of the facts and analysis in Williams v. State, 531 So. 2d 246 (Fla. 5th DCA 1988), and Holmes v. State, 549 So. 2d 1119 (Fla. 1st DCA 1989), I would suggest that the majority’s opinion reaches a result in conflict with these other two districts.…
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Austin v. State, 640 So. 2d 1247 (Fla. 5th DCA 1994)…factual information or the predicted behavior [*1249] may be overcome by the fact that the informant’s identity was known and the information provided in person. See State v. Evans, 620 So. 2d 802, 803 (Fla. 2d DCA 1993). Compare Williams v. State, 531 So. 2d 246 (Fla. 5th DCA 1988). Therefore, factual information provided by a known informant that is imperfect can still be sufficient under the totality of the circumstances to provide an officer with reasonable suspicion. Evans, 620 So. 2d at 803. Here the s…
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Gillette v. State, 561 So. 2d 4 (Fla. 5th DCA 1990)…stance where a person of unknown reliability brings contraband to the police, tells them that he obtained it in a particular place, and that there is more where it came from. This is not the meaning of Illinois v. Gates. See also Williams v. State, 531 So. 2d 246 (Fla. 5th DCA 1988). REVERSED. W. SHARP and GOSHORN, JJ„ concur.…
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- Carola D. Allen v. In re The Est. of Ellen C. Dutton, 394 So. 2d 132 (Fla. 5th DCA 1980)