In re Estate of Scott

District Court of Appeal of Florida

In re Estate of Scott

537 So. 2d 700, 14 Fla. L. Weekly 346, 1989 Fla. App. LEXIS 365, 1989 WL 6237

CourtDistrict Court of Appeal of Florida

DecidedFebruary 1, 1989

DocketNo. 87-3274

StatusPublished

This text of 537 So. 2d 700 (In re Estate of Scott) 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

In re Estate of Scott, 537 So. 2d 700, 14 Fla. L. Weekly 346, 1989 Fla. App. LEXIS 365, 1989 WL 6237 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

We find the attorneys’ fees awarded in this matter to be legally inappropriate and reverse. The trial court did not find that there was a complete absence of justiciable issues of law or fact in this case and therefore the fee award was unwarranted under section 57.105, Florida Statutes (1987). We note in passing that the issues raised by appellant in the trial court were not without merit and therefore a fee award may not be grounded on section 57.105 in this case. That portion of the order awarding costs to the defendant/appellee is affirmed.

REVERSED IN PART AND AFFIRMED IN PART.

GLICKSTEIN, WALDEN and STONE, JJ., concur.

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PER CURIAM.

We find the attorneys’ fees awarded in this matter to be legally inappropriate and reverse. The trial court did not find that there was a complete absence of justiciable issues of law or fact in this case and therefore the fee award was unwarranted under section 57.105, Florida Statutes (1987). We note in passing that the issues raised by appellant in the trial court were not without merit and therefore a fee award may not be grounded on section 57.105 in this case. That portion of the order awarding costs to the defendant/appellee is affirmed.

REVERSED IN PART AND AFFIRMED IN PART.

GLICKSTEIN, WALDEN and STONE, JJ., concur.

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Bluebook (online)

537 So. 2d 700, 14 Fla. L. Weekly 346, 1989 Fla. App. LEXIS 365, 1989 WL 6237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-scott-fladistctapp-1989.