STATE OF FLORIDA, APPELLANT,

v.

STEPHEN FOSTER, APPELLEE

Citator

Cited By

• Wendy's OF N.E. Fla., Inc. v. Vandergriff, 865 So. 2d 520 (Fla. 1st DCA 2003)
  …ficate of insurance named Wendy’s as an additional insured. Wendy’s loss in the declaratory judgment action by summary judgment does not necessarily imply that Wendy’s argument was frivolous. See State, Dep’t of Transp. v. Kisinger Campo & Assocs., 661 So. 2d 58 (Fla. 2d DCA 1995). From the record before us, which does not include the transcript of the hearing on attorney’s fees, it does not appear that Wendy’s defense was so completely lacking in merit as to support the trial court’s finding that Wendy’s p…
• Country Place Cmty. Ass'n, Inc. v. J.P. Morgan Mortg. Acquisition Corp., 51 So. 3d 1176 (Fla. 2d DCA 2010)
  …f review of an order denying a motion for attorney’s fees and costs under section 57.105(1) is abuse of discretion. See Gahn v. Holiday Prop. Bond, Ltd., 826 So. 2d 423, 425-26 (Fla. 2d DCA 2002) (citing Dep’t of Transp. v. Kisinger Campo & Assocs., 661 So. 2d 58, 59 (Fla. 2d DCA 1995)). But where, as in this case, the circuit court’s determination of entitlement to attorney’s fees is based on a conclusion of law concerning the interpretation of a statute or contractual provision, we employ a de novo standar…
• Gahn v. Holiday Prop. Bond, Ltd., 826 So. 2d 423 (Fla. 2d DCA 2002)
  …nying Appellants’ motion for fees and costs. Discussion Section 57.105 Cost and Fee Awards This court reviews an order denying a motion for attorney’s fees and costs [*426] for an abuse of discretion. Dep’t of Transp. v. Kisinger Campo & Assocs., 661 So. 2d 58, 59 (Fla. 2d DCA 1995). Section 57.105 presently provides: (1) Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee to be paid to the prevailing party in equal amounts by the losing party and the los…

Authorities Cited

• Bouters v. State, 659 So. 2d 235 (Fla. 1995)