AVIAD VISOLY, APPELLANT,
v.
SECURITY PACIFIC CREDIT CORP., APPELLEE
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Plaintiff appeals an order awarding defendant attorney's fees and interest under Florida Statute § 57.105 after the trial court struck plaintiff's complaint for lack of justiciable issues. The court affirms, holding that the trial court properly awarded fees and interest beginning from the date of the final judgment striking the pleadings.
The trial court properly awarded attorney's fees under § 57.105 based on the complete absence of justiciable issues. Interest was properly awarded commencing on the date of the final judgment striking the pleadings, as that judgment fixed the date of loss and triggered the defendant's entitlement to fees. A subsequent amendment to § 57.105 cannot be applied retroactively to this case commenced before the amendment's effective date.
[1] A trial court may award attorney's fees under section 57.105, Florida Statutes, when there is a complete absence of justiciable issues of law or fact.
[2] The date of a final judgment striking a party's pleadings can trigger entitlement to attorney's fees and fix the date of loss for awarding interest.
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Join FLexlaw to unlock all legal intelligence“Once the determination has been made by the trial court that there is a complete absence of a justiciable issue of law or fact, the award of attorney's fees to the prevailing party who properly moves for such fees is required.”
Establishes that § 57.105 attorney's fees awards are mandatory once justiciable issues are determined to be completely absent.
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Join FLexlaw to unlock all legal intelligencePlaintiff filed a complaint against Security Pacific Credit Corp. The trial court determined there was a complete absence of justiciable issues of law…
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PER CURIAM.
Plaintiff appeals an order awarding defendant attorney’s fees pursuant to section 57.-105, Florida Statutes (1989), and awarding interest as of the date of the final judgment striking plaintiffs complaint. We affirm. The trial court properly awarded defendant fees under section 57.105; the record demonstrates the absence of justiciable issues of law or fact, and that the court properly struck plaintiffs pleadings. Whitten v. Progressive Casualty Ins. Co., 410 So. 2d 501 (Fla.1982); Schwartz v. W-K Partners, 530 So. 2d 456 (Fla. 5th DCA 1988).
In addition, the court properly awarded interest beginning on the date of the final judgment striking the pleadings. “Once the determination has been made by the trial court that there is a complete absence of a justiciable issue of law or fact, the award of attorney’s fees to the prevailing party who properly moves for such fees is required.” Wood v. Price, 546 So. 2d 88, 90 (Fla.2d DCA), review denied, 553 So. 2d 1166 (Fla. 1989). In this case, that determination occurred when the court entered final judgment striking the plaintiffs pleadings. The entry of that judgment triggered the defendant’s entitlement for the payment of attorney’s fees and fixed the date of loss for purposes of awarding interest. Mason v. Reiter, 564 So. 2d 142, 147 (Fla.3d DCA 1990).
We are not persuaded by plaintiffs argument that Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985), bars the award of interest. Argonaut addresses prejudgment interest on damages awards. Argonaut does not address an interest award on section 57.105 fees commencing on the date of final judgment entitling defendant to those fees. Wood.
We also reject plaintiffs argument that the amendment to section 57.105(1) bars the award of interest in this case. Chapter 90-300, section 1, at 2387, Laws of Florida, added the following language to section 57.-105(1): “If the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the defense, the court shall also award prejudgment interest.” Plaintiff correctly asserts that the amendment can be construed as a bar to awarding interest to a defendant; however, the assertion fails because the amendment became effective October 1, 1990, and may not be applied retroactively to this ease, which commenced in May 1990. Schwartz; Love v. Jacobson, 390 So. 2d 782 (Fla.3d DCA 1980). Accordingly, the interest award was proper, and is hereby affirmed.
Affirmed.
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Quality Engineered Installation, Inc. v. Higley S., Inc., 670 So. 2d 929 (Fla. 1996)…ifth Districts in Inacio v. State Farm Fire & Casualty Co., 550 So. 2d 92 (Fla. 1st DCA 1989), Mason v. Reiter, 564 So. 2d 142 (Fla. 3d DCA 1990), Bremshey v. Morrison, 621 So. 2d 717 (Fla. 5th DCA 1993), and Visoly v. Security Pacific Credit Corp., 625 So. 2d 1276 (Fla. 3d DCA 1993), review denied, 637 So. 2d 239 (Fla.1994). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Respondent/cross-petitioner Higley South, Inc. (Higley) was the contractor for a condominium project known as the Promenade. One of t…1 / 2
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Arellano v. Lisette Arellano Bisson and Randolph J. Bisson, 761 So. 2d 365 (Fla. 3d DCA 2000)…ed the final judgment; this court dismissed the appeal. Thereafter, the court declined to award fees and costs under sections 57.105, and 772.11, Florida Statutes (1997). We first address the denial of fees. In Visoly v. Security Pac. Credit Corp., 625 So. 2d 1276 (Fla. 3d DCA 1993), review denied, 637 So. 2d 239 (Fla.1994), this court stated that a final judgment striking the plaintiffs pleadings for absence of justicia-ble issues triggers the defendant’s entitlement to fees under section 57.105. See Wood v.…
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Miller v. Transflorida Bank, 656 So. 2d 1364 (Fla. 4th DCA 1995)…s, even though the actual amount of the award has not yet been determined. Id. at 718. The issue of interest on awards of section 57.105 fees has also been addressed by the Third District Court of Appeal in Visoly v. Security Pacific Credit Corp., 625 So. 2d 1276 (Fla. 3d DCA 1993), rev. denied, 637 So. 2d 239 (Fla.1994). In Visoly, the court approved the award of interest from the date of the final judgment striking the pleadings. The Visoly court concluded: We are not persuaded by plaintiffs argument that…1 / 2
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)
- Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
- Mason v. Reiter, 564 So. 2d 142 (Fla. 3d DCA 1990)
- Schwartz v. W-K P'rs, 530 So. 2d 456 (Fla. 5th DCA 1988)
- Love v. Ira S. Jacobson, M.D., 390 So. 2d 782 (Fla. 3d DCA 1980)
- Wood v. Price, 546 So. 2d 88 (Fla. 2d DCA 1989)