AQUA RABELLA, INC., AQUA RABELLA ASSOCIATES, A PARTNERSHIP, AND ROBERT C. COPES, KENNETH H. DURNBAUGH, RICHARD H. TERWILLIGER, RICHARD E. BREEDEN, AND PHILIP J. TIBBETTS, APPELLANTS,
v.
HERBERT HYE, ET AL., APPELLEES
AQUA RABELLA, INC., AQUA RABELLA ASSOCIATES, A PARTNERSHIP, AND ROBERT C. COPES, KENNETH H. DURNBAUGH, RICHARD H. TERWILLIGER, RICHARD E. BREEDEN, AND PHILIP J. TIBBETTS, APPELLANTS,
HERBERT HYE, ET AL., APPELLEES
537 So. 2d 205
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We reverse the “Order on Defendant’s Motion For Attorney’s Fees and Costs” which was entered below after dismissal of the main action for lack of prosecution. The order for attorney’s fees based upon section 57.105, Florida Statutes, recited “that there is a complete and total lack of a justiciable issue....” Finding no record support for this holding we reverse the award in its entirety. Thus disposing of the case, we do not reach the additional points on appeal.
REVERSED and REMANDED.
HERSEY, C.J., and ANSTEAD and STONE, JJ., concur.
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Thorp v. State, 555 So. 2d 362 (Fla. 1990)…PER CURIAM. We have for review Thorp v. State, 537 So. 2d 205 (Fla. 4th DCA 1989), based on conflict with Pugh v. State, 499 So. 2d 54 (Fla. 1st DCA 1986), and Hunt v. State, 468 So. 2d 1100 (Fla. 1st DCA 1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. [*363] Thorp first committed a federal crime.…
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Morales v. State, 842 So. 2d 909 (Fla. 3d DCA 2003)…additional offense in the guideline scoresheet was error. This issue, however, has already been decided by Morales v. State, 613 So. 2d 922, 923 n. 1 (Fla. 3d DCA 1993). See also Rodriguez v. State, 589 So. 2d 439 (Fla. 3d DCA 1991); Thorp v. State, 537 So. 2d 205 (Fla. 4th DCA 1989). Morales next argues that his life sentence should be reduced to a thirty year maximum sentence. However, burglary with an assault is a first degree felony which can be punishable by life imprisonment. See Fla. Stat. § 810.02(2…