Jones v. Soldavini & Gualario, Inc.

District Court of Appeal of Florida

Jones v. Soldavini & Gualario, Inc.

616 So. 2d 1048, 1993 Fla. App. LEXIS 3458, 1993 WL 86488

CourtDistrict Court of Appeal of Florida

DecidedMarch 24, 1993

DocketNo. 92-01464

StatusPublished

Cited by3 cases

This text of 616 So. 2d 1048 (Jones v. Soldavini & Gualario, Inc.) 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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Jones v. Soldavini & Gualario, Inc., 616 So. 2d 1048, 1993 Fla. App. LEXIS 3458, 1993 WL 86488 (Fla. Ct. App. 1993).

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Opinion

FRANK, Acting Chief Judge.

The appellants have sought review of a “Final Judgment for Fees and Costs” in which the trial court awarded the appellees an attorney’s fee pursuant to section 57.-105, Florida Statutes (1991). The predicate for the assessment of such fees was the trial court’s dismissal of the claim with prejudice. Based upon our view of this proceeding, including an evaluation of the record in its entirety, we have determined that the award to appellees of an attorney’s fee is not warranted within the standards set forth in Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla.1982). In short, we follow the principle stated in Whitten, that “[mjerely losing, either on the pleadings or on summary judgment, is not enough to invoke the operation of the statute.” 410 So.2d at 506.

The attorney’s fee award is reversed and vacated.

ALTENBERND, J., and FARNELL, CROCKETT, Associate Judge, concur.

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FRANK, Acting Chief Judge.

The appellants have sought review of a “Final Judgment for Fees and Costs” in which the trial court awarded the appellees an attorney’s fee pursuant to section 57.-105, Florida Statutes (1991). The predicate for the assessment of such fees was the trial court’s dismissal of the claim with prejudice. Based upon our view of this proceeding, including an evaluation of the record in its entirety, we have determined that the award to appellees of an attorney’s fee is not warranted within the standards set forth in Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla.1982). In short, we follow the principle stated in Whitten, that “[mjerely losing, either on the pleadings or on summary judgment, is not enough to invoke the operation of the statute.” 410 So.2d at 506.

The attorney’s fee award is reversed and vacated.

ALTENBERND, J., and FARNELL, CROCKETT, Associate Judge, concur.

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616 So. 2d 1048, 1993 Fla. App. LEXIS 3458, 1993 WL 86488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-soldavini-gualario-inc-fladistctapp-1993.

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