Bank One, Corp. v. Bornschein

District Court of Appeal of Florida

Bank One, Corp. v. Bornschein

987 So. 2d 172, 2008 Fla. App. LEXIS 10853, 2008 WL 2744370

CourtDistrict Court of Appeal of Florida

DecidedJuly 16, 2008

DocketNo. 4D07-2536

StatusPublished

Cited by5 cases

This text of 987 So. 2d 172 (Bank One, Corp. v. Bornschein) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bank One, Corp. v. Bornschein, 987 So. 2d 172, 2008 Fla. App. LEXIS 10853, 2008 WL 2744370 (Fla. Ct. App. 2008).

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Opinion

PER CURIAM.

The appellant challenges the trial court’s denial of his motion for attorney’s fees based upon both an offer of settlement and section 57.105, Florida Statutes. While the order does not make any findings of fact as to whether the offer qualified or was made in good faith, such findings are not required under the offer of judgment statute. Evans v. Piotraczk, 724 So.2d 1210, 1213 (Fla. 5th DCA 1998). There is no transcript of the hearing where the court denied the motion, and we cannot determine whether the trial court’s ruling was an abuse of its discretion. Without this we must affirm. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150,1152 (Fla.1979).

WARNER, MAY, JJ., and BIDWILL, MARTIN J., Associate Judge, concur.

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PER CURIAM.

The appellant challenges the trial court’s denial of his motion for attorney’s fees based upon both an offer of settlement and section 57.105, Florida Statutes. While the order does not make any findings of fact as to whether the offer qualified or was made in good faith, such findings are not required under the offer of judgment statute. Evans v. Piotraczk, 724 So.2d 1210, 1213 (Fla. 5th DCA 1998). There is no transcript of the hearing where the court denied the motion, and we cannot determine whether the trial court’s ruling was an abuse of its discretion. Without this we must affirm. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150,1152 (Fla.1979).

WARNER, MAY, JJ., and BIDWILL, MARTIN J., Associate Judge, concur.

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987 So. 2d 172, 2008 Fla. App. LEXIS 10853, 2008 WL 2744370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-one-corp-v-bornschein-fladistctapp-2008.

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