ALBERT MICKLER, APPELLANT,
v.
FRED GRAHAM AND JOAN GRAHAM, APPELLEES
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SHIVERS, Judge.
Appellant challenges the trial court’s Order Taxing Attorney’s Fees and Costs. Because the lower tribunal erred in failing to make a finding “that there was a complete absence of a justiciable issue of either law or fact raised” pursuant to the requirements of section 57.105(1), Florida Statutes (1989), the order is deficient and must be reversed and remanded. On remand, the trial court may reimpose those fees only if it makes the necessary findings based on the record. Whitten v. Progressive Casualty Insur. Co., 410 So. 2d 501, 506 (Fla. 1982); Hirtreiter v. Donovan, 594 So. 2d 342 (Fla. 2d DCA1992); Harrison v. Rambuski, 567 So. 2d 56 (Fla. 2d DCA1990); Warshaw v. Monroy, 515 So. 2d 307 (Fla. 3d DCA1987); Sheriff of Alachua County v. Hardie, 433 So. 2d 15, 16 (Fla. 1st DCA1983) (statutory award of attorney’s fees must be based on finding that the action is clearly devoid of merit on both the facts and law, and is so untenable as to be properly labeled “frivolous”); Suwannee County v. Garrison, 417 So. 2d 1070, 1072-73 & n. 8 (Fla. 1st DCA1982).
REVERSED and REMANDED.
SMITH and KAHN, JJ., concur.
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Kurzweil v. Larkin Hosp. Operating Co., 684 So. 2d 901 (Fla. 3d DCA 1996)…58 (Fla. 5th DCA 1988). Where the trial court has faded to make such findings, we are without authority to do so in the first instance on appeal. See Broad and Cassel v. Newport Motel, Inc., 636 So. 2d 590, 591 (Fla. 3d DCA 1994); Mickler v. Graham, 611 So. 2d 93, 94 (Fla. 1st DCA 1992). Accordingly, we must remand this issue back to the trial court for further findings. Reversed and remanded for further proceedings. .The critical allegations against the hospital were as follows: 50. The Defendant, LARKIN…
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Daniels v. Reeves, 712 So. 2d 839 (Fla. 1st DCA 1998)…ey fees contains no findings of fact, we are constrained to reverse. See, e.g., Glisson v. Jacksonville Transp. Auth., 705 So. 2d 136 (Fla. 1st DCA 1998); Fernandez v. Chiro Risk Management, Inc., 700 So. 2d 65 (Fla. 2d DCA 1997); Mickler v. Graham, 611 So. 2d 93 (Fla. 1st DCA 1992). On remand, if the trial court again concludes that an award of attorney fees is appropriate, it shall recite in its order the facts upon which it bases that conclusion. REVERSED and REMANDED, with directions. BARFIELD, C.J.,…
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Broad AND Cassel v. Newport Motel, Inc., 636 So. 2d 590 (Fla. 3d DCA 1994)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
- Sheriff OF Alachua Cnty. v. Hardie, 433 So. 2d 15 (Fla. 1st DCA 1983)
- Suwannee Cnty. v. Enoch E. Garrison, Jr., 417 So. 2d 1070 (Fla. 1st DCA 1982)
- ALL Am. Semi-Conductor, Inc. v. Ellison Graphics Corp., 594 So. 2d 342 (Fla. 4th DCA 1992)
- Myron Warshaw v. Monroy, 515 So. 2d 307 (Fla. 3d DCA 1987)
- Harrison v. Rambuski, 567 So. 2d 56 (Fla. 2d DCA 1990)