Harrison v. Grubb

District Court of Appeal of Florida

Harrison v. Grubb

567 So. 2d 56, 1990 Fla. App. LEXIS 7361, 1990 WL 140293

District Court of Appeal of Florida·Decided September 28, 1990·No. No. 89-02418·Published·Cited by 2 cases

Opinion

PER CURIAM.

We affirm the order dismissing the appellant’s second amended complaint with prejudice and without leave to amend, but reverse the award of attorneys’ fees to the appellee pursuant to section 57.105, Florida [57] Statutes (1987). The trial court’s order is deficient “because it contains no finding ... regarding a complete absence of a jus-ticiable issue.” Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501, 506 (Fla.1982). On remand, the trial court may reimpose these fees only if it makes the necessary findings.

Affirmed in part, reversed in part, and remanded.

RYDER, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.

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PER CURIAM.

We affirm the order dismissing the appellant’s second amended complaint with prejudice and without leave to amend, but reverse the award of attorneys’ fees to the appellee pursuant to section 57.105, Florida [57] Statutes (1987). The trial court’s order is deficient “because it contains no finding ... regarding a complete absence of a jus-ticiable issue.” Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501, 506 (Fla.1982). On remand, the trial court may reimpose these fees only if it makes the necessary findings.

Affirmed in part, reversed in part, and remanded.

RYDER, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.

Harrison v. Grubb, 567 So. 2d 56, 1990 Fla. App. LEXIS 7361, 1990 WL 140293 (Fla. Ct. App. 1990).

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