MARK FREUNDLICH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Justo Vasquez v. Provincial S., Inc., 795 So. 2d 216 (Fla. 4th DCA 2001)
  …508 So. 2d 340, 341 (Fla.1987)). Section 57.105 requires an explicit finding by the trial court that there was a complete absence of a justiciable issue of law or fact raised by the plaintiff in the action. See Broad & Cassel v. Newport Motel, Inc., 636 So. 2d 590 (Fla. 3d DCA 1994)(citing Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501, 506 (Fla.1982)). There must be a finding on record, supported by substantial competent evidence, in order for the trial court to award attorney’s fees and costs. See Val…
• Russo & Baker, P.A. v. Fernandez, 752 So. 2d 716 (Fla. 3d DCA 2000)
  …ented the personal representative. The order on appeal assesses the fee against the personal representative and the appellant law firm. We reverse and remand the case for further proceedings on the authority of Broad & Cassel v. Newport Motel, Inc., 636 So. 2d 590 (Fla. 3d DCA 1994). [*717] The order on appeal fails to make the required statutory findings for an award under section 57.105. In assessing attorneys’ fees under that statute, the trial court must find that there was a complete absence of justiciab…
• Kurzweil v. Larkin Hosp. Operating Co., 684 So. 2d 901 (Fla. 3d DCA 1996)
  …s); see also Schwartz v. W-K Partners, 530 So. 2d 456, 457-58 (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 agains…

Authorities Cited

• Pardo v. State, 596 So. 2d 665 (Fla. 1992)
• State v. Townsend, 635 So. 2d 949 (Fla. 1994)