GLENDA Q. MAHANEY, APPELLANT,
v.
SUMTER ELECTRIC COOPERATIVE, INC., ETC., ET AL., APPELLEES
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The court affirmed the dismissal order but reversed the section 57.105 attorney's fees award and remanded for the trial court to make written findings that a complete absence of justiciable issues existed before reassessing fees.
A trial court awarding section 57.105 attorney's fees must make an explicit written finding that the losing party raised a complete absence of justiciable issues.
[1] A trial court awarding sanctions under section 57.105 must make an explicit written finding that the losing party raised a complete absence of justiciable issues of law o…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In entering an award under section 57.105, the trial court must make a finding that there was a complete absence of a justiciable issue raised by the losing party.”
The court stated the controlling legal standard from Schwartz v. W-K Partners for section 57.105 attorney's fees awards.
Glenda Mahaney appealed an order dismissing certain parties and clarifying pleading status, which included an award of section 57.105 attorney's fees …
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GOSHORN, J.
Glenda Mahaney appeals the order dismissing certain parties from the suit and clarifying the status of the pleadings. We affirm the order in its entirety, but must remand for the trial court to make appropriate written findings to support its earlier award of section 57.105 attorney’s fees. That issue is controlled by our opinion in Schwartz v. W-K Partners, 530 So. 2d 456, 458 (Fla. 5th DCA 1988), wherein we held:
In entering an award under section 57.105, the trial court must make a finding that there was a complete absence of a justiciable issue raised by the losing party. See Fox v. Loeffler, 434 So. 2d 2 (Fla. 4th DCA 1983); Apgar and Markham Construction of Florida, Inc. v. MacAsphalt, Inc., 424 So. 2d 41 (Fla. 2d DCA 1982). Since the final judgment does not contain such a finding, we reverse the award of attorney’s fees and remand to the trial court with directions to make an appropriate finding based on the record as to whether there was any justiciable issue of either law or fact raised by Schwartz in this case. Should the trial court expressly find that no such issue existed, it may reassess the same attorney’s fees without the need of taking further evidence.
Accordingly, we remand for further proceedings as mandated by Schwartz.
AFFIRMED in part; REVERSED in part; REMANDED.
DAUKSCH, and HARRIS, JJ., concur.
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Mardale Array v. Alberigi, 832 So. 2d 873 (Fla. 5th DCA 2002)…tion of the order awarding attorney’s fees must be reversed because it does not state the basis for the award, or set forth findings that there was a complete lack of justiciable issues of law or fact. See e.g., Mahaney v. Sumter Elec. Co-op., Inc., 732 So. 2d 373 (Fla. 5th DCA 1999); S.A.B.T.C. Townhouse Ass’n, Inc. v. Schmitz, 565 So. 2d 827 (Fla. 5th DCA 1990). They also contend that the evidence does not support the award. We conclude that we do not have jurisdiction to review the order awarding attorney…
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Regions Bank v. Sarwat M. GAD, 102 So. 3d 666 (Fla. 1st DCA 2012)…998) (reversing the award of section 57.105 attorney’s fees “because the order awarding fees contained] no findings of fact .... ”); Glisson v. Jacksonville Transp. Auth., 705 So. 2d 186, 187 (Fla. 1st DCA 1998); Mahaney v. Sumter Elec. Coop., Inc., 732 So. 2d 373, 374 (Fla. 5th DCA 1999) (remanding “for the trial court to make appropriate written findings to support its earlier award of section 57.105 attorney’s fees.”). On remand, if the trial court again concludes that an award of attorney’s fees is approp…
Authorities Cited
- Schwartz v. W-K P'rs, 530 So. 2d 456 (Fla. 5th DCA 1988)
- Hill v. State, 424 So. 2d 41 (Fla. 5th DCA 1982)
- FOX v. Loeffler, 434 So. 2d 2 (Fla. 4th DCA 1983)