Hemmerle v. MGB Corp.

District Court of Appeal of Florida

Hemmerle v. MGB Corp.

454 So. 2d 52, 9 Fla. L. Weekly 1725, 1984 Fla. App. LEXIS 14613

CourtDistrict Court of Appeal of Florida

DecidedAugust 8, 1984

DocketNo. 83-1576

StatusPublished

Cited by1 cases

This text of 454 So. 2d 52 (Hemmerle v. MGB Corp.) 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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Hemmerle v. MGB Corp., 454 So. 2d 52, 9 Fla. L. Weekly 1725, 1984 Fla. App. LEXIS 14613 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

We affirm that portion of the trial court’s order which denied the defendants’/appellees’ motion to quash execution and vacate a final judgment. We reverse, however, the award of attorney’s fees, granted pursuant to section 57.105, Florida Statutes (1983). The record demonstrates that the proceeding below cannot be characterized as one in which there was “a total or absolute lack of a justiciable issue, which is tantamount to a finding that the action [was] frivolous.” Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501, 505 (Fla.1982) (quoting Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th DCA 1980)).

Accordingly, the order on appeal is affirmed in part and reversed in part.

GLICKSTEIN, HURLEY and WALDEN, JJ., concur.

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PER CURIAM.

We affirm that portion of the trial court’s order which denied the defendants’/appellees’ motion to quash execution and vacate a final judgment. We reverse, however, the award of attorney’s fees, granted pursuant to section 57.105, Florida Statutes (1983). The record demonstrates that the proceeding below cannot be characterized as one in which there was “a total or absolute lack of a justiciable issue, which is tantamount to a finding that the action [was] frivolous.” Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501, 505 (Fla.1982) (quoting Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th DCA 1980)).

Accordingly, the order on appeal is affirmed in part and reversed in part.

GLICKSTEIN, HURLEY and WALDEN, JJ., concur.

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454 So. 2d 52, 9 Fla. L. Weekly 1725, 1984 Fla. App. LEXIS 14613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hemmerle-v-mgb-corp-fladistctapp-1984.

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