Harrison v. Grubb

District Court of Appeal of Florida

Harrison v. Grubb

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

CourtDistrict Court of Appeal of Florida

DecidedSeptember 28, 1990

DocketNo. 89-02418

StatusPublished

Cited by2 cases

This text of 567 So. 2d 56 (Harrison v. Grubb) 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

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

Pincite

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]*57Statutes (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.

Free access — add to your briefcase to read the full text and ask questions with AI

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]*57Statutes (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.

Cite This Page — Counsel Stack

Bluebook (online)

567 So. 2d 56, 1990 Fla. App. LEXIS 7361, 1990 WL 140293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-grubb-fladistctapp-1990.

Opinion

Related

Cite This Page — Counsel Stack