WILLIAM MIXSON, M.D. AND BEVERLY MIXSON, HIS WIFE, APPELLANTS,
v.
CHARLES G. HYATT, APPELLEE
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PER CURIAM.
Beverly and William Mixson appeal the denial of their motion to recover attorney’s fees under section 57.105, Florida Statutes (1987). Their motion followed the voluntary dismissal of a suit initiated against them by Charles G. Hyatt for abuse of process and intentional infliction of emotional distress. We affirm.
A court shall award attorney’s fees pursuant to section 57.105 when it is satisfied “that there was a complete absence of a justiciable issue of law or fact raised by the complaint.” If the court finds that the complaint presented a justiciable issue of law or fact, it should not assess attorney’s fees. Whitten v. Progressive Casualty Ins. Co., 410 So. 2d 501 (Fla.1982). Here, the trial court found that the complaint presented a justiciable issue. After reviewing the record, we are unable to say that the claims were entirely devoid of arguable substance or that the trial court’s finding is not supported by the record.
Affirmed.
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Stebnicki v. Wolfson, 584 So. 2d 177 (Fla. 3d DCA 1991)…iss the complaint as to the defendants named therein. An order dismissing a complaint is a final appealable order. See Board of County Commissioners of Madison County v. Grice, 438 So. 2d 392 (Fla. [*179] 1983); Diaz v. Metro-Dade Police Department, 557 So. 2d 608 (Fla. 3d DCA 1990); Salasky v. Humana Hospital Kissimmee Auxiliary, Inc., 478 So. 2d 428 (Fla. 5th DCA 1985); Gries Investment Company v. Chelton, 388 So. 2d 1281 (Fla. 3d DCA 1980). This remains true even though the dismissal does not contain langu…
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Pakonis v. Clark, 183 So. 3d 386 (Fla. 3d DCA 2014)…day.” (emphasis added). As experienced appellate counsel well know, such language constitutes an unequivocal declaration of finality upon which timely action must be taken in order to secure appellate consideration. Diaz v. Metro-Dade Police Dep’t, 557 So. 2d 608, 609 (Fla. 3d DCA 1990); Gries Inv. Co. v. Chelton, 388 So. 2d 1281, 1282 (Fla. 3d DCA 1980); see also Raymond v. Caldwell Banker Residential Real Estate, Inc., 848 So. 2d 1160, 1161 (Fla. 4th DCA 2003); Allstate Ins. Co. v. Collier, 405 So. 2d 311,…
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Miri Mayost Visoly and Aviad Visoly v. Sec. Pac. Credit Corp., 768 So. 2d 482 (Fla. 3d DCA 2000)…ts the trial court’s assessment of attorney’s fees against the Visolys in the proceedings below. A court “shall” award attorney’s fees to the prevailing party where there is an absence of justiciable issue of either law or fact. See Mixson v. Hyatt, 557 So. 2d 608 (Fla. 3d DCA), review denied, 574 So. 2d 142 (Fla.1990); [*490] Muckerman v. Burris, 553 So. 2d 1300 (Fla. 3d DCA 1989), review denied 567 So. 2d 435 (Fla.1990); Wood v. Price, 546 So. 2d 88 (Fla. 2d DCA), review denied, 553 So. 2d 1166 (Fla.1989);…
Authorities Cited
- Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)