Johns v. Senn

District Court of Appeal of Florida

Johns v. Senn

696 So. 2d 376, 1997 Fla. App. LEXIS 354, 1997 WL 35260

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 1997

DocketNo. 96-1721

StatusPublished

Cited by1 cases

This text of 696 So. 2d 376 (Johns v. Senn) 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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Johns v. Senn, 696 So. 2d 376, 1997 Fla. App. LEXIS 354, 1997 WL 35260 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Appellant seeks review of two orders of the trial court. The first order granted summary judgment in favor of appellee with respect to the malicious prosecution action brought by appellant. The second order awarded a prevailing party attorney’s fee to appellee pursuant to section 57.105, Florida Statutes. The statute authorizes an award of attorney’s fees to the prevailing party when the trial court finds the losing party has asserted a frivolous claim. We affirm the order granting summary judgment in favor of appellee without further comment. However, we reverse the order awarding an attorney’s fee to appellee as the prevailing party. A review of the record does not establish that “there was a complete absence of a justiciable issue of either law or fact raised by the losing party.” § 57.105, Florida Statutes (1993); Muckenfuss v. Deltona Corporation, 508 So.2d 340, 341 (Fla.1987); Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla.1982).

Accordingly, this cause is affirmed with respect to the first issue, and is reversed with respect to the second issue.

JOANOS, WOLF and VAN NORTWICK, JJ., concur.

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PER CURIAM.

Appellant seeks review of two orders of the trial court. The first order granted summary judgment in favor of appellee with respect to the malicious prosecution action brought by appellant. The second order awarded a prevailing party attorney’s fee to appellee pursuant to section 57.105, Florida Statutes. The statute authorizes an award of attorney’s fees to the prevailing party when the trial court finds the losing party has asserted a frivolous claim. We affirm the order granting summary judgment in favor of appellee without further comment. However, we reverse the order awarding an attorney’s fee to appellee as the prevailing party. A review of the record does not establish that “there was a complete absence of a justiciable issue of either law or fact raised by the losing party.” § 57.105, Florida Statutes (1993); Muckenfuss v. Deltona Corporation, 508 So.2d 340, 341 (Fla.1987); Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla.1982).

Accordingly, this cause is affirmed with respect to the first issue, and is reversed with respect to the second issue.

JOANOS, WOLF and VAN NORTWICK, JJ., concur.

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Bluebook (online)

696 So. 2d 376, 1997 Fla. App. LEXIS 354, 1997 WL 35260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johns-v-senn-fladistctapp-1997.

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