Mixson v. Hyatt

District Court of Appeal of Florida

Mixson v. Hyatt

557 So. 2d 608, 1990 Fla. App. LEXIS 604, 1990 WL 8638

CourtDistrict Court of Appeal of Florida

DecidedFebruary 6, 1990

DocketNo. 89-559

StatusPublished

This text of 557 So. 2d 608 (Mixson v. Hyatt) 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

Mixson v. Hyatt, 557 So. 2d 608, 1990 Fla. App. LEXIS 604, 1990 WL 8638 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Beverly and William Mixson appeal the denial of their motion to recover attorney’s fees under section 57.105, Florida Statutes (1987). Their motion followed the voluntary dismissal of a suit initiated against them by Charles G. Hyatt for abuse of process and intentional infliction of emotional distress. We affirm.

A court shall award attorney’s fees pursuant to section 57.105 when it is satisfied “that there was a complete absence of a justiciable issue of law or fact raised by the complaint.” If the court finds that the complaint presented a justiciable issue of law or fact, it should not assess attorney’s fees. Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501 (Fla.1982). Here, the trial court found that the complaint presented a justiciable issue. After reviewing the record, we are unable to say that the claims were entirely devoid of arguable substance or that the trial court’s finding is not supported by the record.

Affirmed.

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PER CURIAM.

Beverly and William Mixson appeal the denial of their motion to recover attorney’s fees under section 57.105, Florida Statutes (1987). Their motion followed the voluntary dismissal of a suit initiated against them by Charles G. Hyatt for abuse of process and intentional infliction of emotional distress. We affirm.

A court shall award attorney’s fees pursuant to section 57.105 when it is satisfied “that there was a complete absence of a justiciable issue of law or fact raised by the complaint.” If the court finds that the complaint presented a justiciable issue of law or fact, it should not assess attorney’s fees. Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501 (Fla.1982). Here, the trial court found that the complaint presented a justiciable issue. After reviewing the record, we are unable to say that the claims were entirely devoid of arguable substance or that the trial court’s finding is not supported by the record.

Affirmed.

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557 So. 2d 608, 1990 Fla. App. LEXIS 604, 1990 WL 8638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mixson-v-hyatt-fladistctapp-1990.

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