Bishop v. Moore

District Court of Appeal of Florida

Bishop v. Moore

531 So. 2d 246, 13 Fla. L. Weekly 2181, 1988 Fla. App. LEXIS 4175, 1988 WL 96452

CourtDistrict Court of Appeal of Florida

DecidedSeptember 22, 1988

DocketNo. 87-1958

StatusPublished

Cited by1 cases

This text of 531 So. 2d 246 (Bishop v. Moore) 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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Bishop v. Moore, 531 So. 2d 246, 13 Fla. L. Weekly 2181, 1988 Fla. App. LEXIS 4175, 1988 WL 96452 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

This is an appeal from an order dismissing a complaint for declaratory relief. We affirm the order because it, in effect and by its findings, makes the correct ruling regarding the declaratory relief sought. However, we cannot affirm the award of attorney’s fees against appellant. Although appellants properly lost their case, there was not a complete absence of a justiciable issue. The trial court did not make that specific finding in its order and we have determined there was an issue raised. See Allen v. Estate of Dutton, 394 So.2d 132 (Fla. 5th DCA 1980), rev. den., 402 So.2d 609 (Fla.1981). The order of dismissal is affirmed; the order granting attorney’s fees is reversed. The order granting costs is affirmed.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

SHARP, C.J., and DAUKSCH and DANIEL, JJ., concur.

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PER CURIAM.

This is an appeal from an order dismissing a complaint for declaratory relief. We affirm the order because it, in effect and by its findings, makes the correct ruling regarding the declaratory relief sought. However, we cannot affirm the award of attorney’s fees against appellant. Although appellants properly lost their case, there was not a complete absence of a justiciable issue. The trial court did not make that specific finding in its order and we have determined there was an issue raised. See Allen v. Estate of Dutton, 394 So.2d 132 (Fla. 5th DCA 1980), rev. den., 402 So.2d 609 (Fla.1981). The order of dismissal is affirmed; the order granting attorney’s fees is reversed. The order granting costs is affirmed.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

SHARP, C.J., and DAUKSCH and DANIEL, JJ., concur.

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531 So. 2d 246, 13 Fla. L. Weekly 2181, 1988 Fla. App. LEXIS 4175, 1988 WL 96452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bishop-v-moore-fladistctapp-1988.

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