City of Lauderhill v. Philpart

District Court of Appeal of Florida

City of Lauderhill v. Philpart

561 So. 2d 479, 1990 Fla. App. LEXIS 3990, 1990 WL 73354

CourtDistrict Court of Appeal of Florida

DecidedJune 6, 1990

DocketNo. 89-1842

StatusPublished

This text of 561 So. 2d 479 (City of Lauderhill v. Philpart) 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.

Bluebook

City of Lauderhill v. Philpart, 561 So. 2d 479, 1990 Fla. App. LEXIS 3990, 1990 WL 73354 (Fla. Ct. App. 1990).

Pincite

Opinion

PER CURIAM.

We reverse the attorney’s fees awarded pursuant to § 57.105, Fla.Stat. (1989), to Ford Consumer Credit Company.

The trial court erroneously ruled that the complaint failed to raise any justiciable issue of law or fact based on its incorrect conclusion that because the original copy of the claim of lien filed by the Code Enforcement Board was not certified, it was unenforceable under § 162.09, Fla.Stat. (1989).

We cannot say that the complaint was completely absent any justiciable.issue, as required for an award of attorney’s fees under § 57.105, Fla.Stat. (1989), where the only defect in the complaint could be cured by filing an amended complaint with a certified copy of the claim of lien.

REVERSED.

GUNTHER, POLEN and GARRETT, JJ., concur.

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