LORI NOLEN, APPELLANT,
v.
THOMAS BLACKWOOD, APPELLEE
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PER CURIAM.
We affirm the trial court’s denial of appellant’s ore tenus motion for continuance and motion to withdraw made on the day of trial, See Fennie v. State, 648 So. 2d 95 (Fla.1994); see also Billings, Cunningham, Morgan & Boatwright, P.A. v. Isom, 701 So. 2d 1271 (Fla. 5th DCA 1997).
We reverse the trial court’s award of attorney’s fees to appellee pursuant to section 57.105, Florida Statutes. Both the trial court’s oral pronouncement and written order failed to contain an express finding by the court that there was a complete absence of justiciable issue of either law or fact raised by the appellant. See Whitten v. Progressive Cos. Ins. Co., 410 So. 2d 501 (Fla.1982); see also Simkins Indus. Inc. v. Lawyers Title Ins. Corp., 696 So. 2d 384 (Fla. 3rd DCA 1997).
AFFIRMED IN PART; REVERSED IN PART.
GUNTHER, POLEN and SHAHOOD, JJ., concur.
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The Dep't OF Revenue & Suzanne M. Wrobel v. Wrobel, 739 So. 2d 670 (Fla. 4th DCA 1999)…was no competent substantial evidence to support the fee award and that the trial court failed to expressly find that there was a lack of justiciable issue of law or fact either orally at the hearing or in the written order. See Nolen v. Blackwood, 712 So. 2d 434, 434 (Fla. 4th DCA 1998) (trial courts award of fees pursuant to section 57.105 must be reversed where the courts oral pronouncement and written order failed to contain an express finding [*672] that there was a complete lack of justicia-ble issue o…
Authorities Cited
- Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
- Fennie v. State, 648 So. 2d 95 (Fla. 1994)
- Simkins Indus., Inc. v. Lawyers Title Ins. Corp., 696 So. 2d 384 (Fla. 3d DCA 1997)
- Turner v. State, 701 So. 2d 1271 (Fla. 3d DCA 1997)
- Billings, Cunningham, Morgan & Boatwright, P.A. v. Isom, 701 So. 2d 1271 (Fla. 5th DCA 1997)