Morrison Contracting, Inc. v. GSX, Inc.

District Court of Appeal of Florida

Morrison Contracting, Inc. v. GSX, Inc.

625 So. 2d 1325, 1993 Fla. App. LEXIS 11152, 18 Fla. L. Weekly Fed. D 2357

CourtDistrict Court of Appeal of Florida

DecidedNovember 5, 1993

DocketNo. 93-526

StatusPublished

This text of 625 So. 2d 1325 (Morrison Contracting, Inc. v. GSX, 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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Morrison Contracting, Inc. v. GSX, Inc., 625 So. 2d 1325, 1993 Fla. App. LEXIS 11152, 18 Fla. L. Weekly Fed. D 2357 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Although we affirm the summary judgment entered below in regard to the issues raised by the pleadings, we reverse the trial court’s award of attorney’s fees in the amount of $4,700.00 to the appellees on the basis of section 57.105, Florida Statutes (1991). There was not a complete absence of a justiciable issue and, moreover, the trial court failed to make the requisite finding in that regard. See Schwartz v. W-K Partners, 530 So.2d 456 (Fla. 5th DCA 1988).

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

DAUKSCH, COBB and GRIFFIN, JJ., concur.

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PER CURIAM.

Although we affirm the summary judgment entered below in regard to the issues raised by the pleadings, we reverse the trial court’s award of attorney’s fees in the amount of $4,700.00 to the appellees on the basis of section 57.105, Florida Statutes (1991). There was not a complete absence of a justiciable issue and, moreover, the trial court failed to make the requisite finding in that regard. See Schwartz v. W-K Partners, 530 So.2d 456 (Fla. 5th DCA 1988).

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

DAUKSCH, COBB and GRIFFIN, JJ., concur.

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625 So. 2d 1325, 1993 Fla. App. LEXIS 11152, 18 Fla. L. Weekly Fed. D 2357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrison-contracting-inc-v-gsx-inc-fladistctapp-1993.

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