Merrill Enterprises, Inc. v. Barkett Oil Co. of Florida

District Court of Appeal of Florida

Merrill Enterprises, Inc. v. Barkett Oil Co. of Florida

421 So. 2d 770, 1982 Fla. App. LEXIS 22104

CourtDistrict Court of Appeal of Florida

DecidedNovember 10, 1982

DocketNo. 82-412

StatusPublished

Cited by4 cases

This text of 421 So. 2d 770 (Merrill Enterprises, Inc. v. Barkett Oil Co. of Florida) 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

Merrill Enterprises, Inc. v. Barkett Oil Co. of Florida, 421 So. 2d 770, 1982 Fla. App. LEXIS 22104 (Fla. Ct. App. 1982).

Pincite

Opinion

PER CURIAM.

This is an appeal from a post judgment order taxing costs and assessing attorneys’ fees against the plaintiff pursuant to Section 57.105, Florida Statutes (1981). The order in question was entered after plaintiff/appellant voluntarily dismissed the case on the eve of trial. Appellant contends that attorneys’ fees cannot be taxed after a voluntary dismissal. MacBain v. Bowling, 374 So.2d 75 (Fla. 3rd DCA 1979), holds to the contrary. We agree entirely with the MacBain decision and also hold that attorneys’ fees are taxable under the aforecited statute after a voluntary dismissal. The question is whether the fee award is based upon a finding of a complete absence of a justiciable issue of either law or fact. There is record support for the trial court’s determination that attorney’s fees should be awarded under Section 57.105 and there is no merit in any of the issues raised by appellant in its brief.

AFFIRMED.

ANSTEAD, BERANEK and HERSEY, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from a post judgment order taxing costs and assessing attorneys’ fees against the plaintiff pursuant to Section 57.105, Florida Statutes (1981). The order in question was entered after plaintiff/appellant voluntarily dismissed the case on the eve of trial. Appellant contends that attorneys’ fees cannot be taxed after a voluntary dismissal. MacBain v. Bowling, 374 So.2d 75 (Fla. 3rd DCA 1979), holds to the contrary. We agree entirely with the MacBain decision and also hold that attorneys’ fees are taxable under the aforecited statute after a voluntary dismissal. The question is whether the fee award is based upon a finding of a complete absence of a justiciable issue of either law or fact. There is record support for the trial court’s determination that attorney’s fees should be awarded under Section 57.105 and there is no merit in any of the issues raised by appellant in its brief.

AFFIRMED.

ANSTEAD, BERANEK and HERSEY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

421 So. 2d 770, 1982 Fla. App. LEXIS 22104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrill-enterprises-inc-v-barkett-oil-co-of-florida-fladistctapp-1982.

Opinion

Related

Cite This Page — Counsel Stack