Harrison v. Rambuski

District Court of Appeal of Florida

Harrison v. Rambuski

567 So. 2d 56, 1990 Fla. App. LEXIS 7371, 1990 WL 140291

District Court of Appeal of Florida·Decided September 28, 1990·No. No. 89-02375·Published·Cited by 2 cases

Opinion

PER CURIAM.

We affirm the order dismissing the plaintiffs second amended complaint with prejudice and without leave to amend, but reverse the award of attorneys' fees to the defendant pursuant to section 57.105, Florida 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 Ins. 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 plaintiffs second amended complaint with prejudice and without leave to amend, but reverse the award of attorneys' fees to the defendant pursuant to section 57.105, Florida 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 Ins. 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. Rambuski, 567 So. 2d 56, 1990 Fla. App. LEXIS 7371, 1990 WL 140291 (Fla. Ct. App. 1990).

Pincite

567 So. 2d 56 (Harrison v. Rambuski) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related