Neuromed, Inc. v. Florida Energy Management Services, Inc.

District Court of Appeal of Florida

Neuromed, Inc. v. Florida Energy Management Services, Inc.

600 So. 2d 479, 1992 Fla. App. LEXIS 5374, 1992 WL 104625

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 1992

DocketNo. 91-0285

StatusPublished

Cited by2 cases

This text of 600 So. 2d 479 (Neuromed, Inc. v. Florida Energy Management Services, 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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Neuromed, Inc. v. Florida Energy Management Services, Inc., 600 So. 2d 479, 1992 Fla. App. LEXIS 5374, 1992 WL 104625 (Fla. Ct. App. 1992).

Pincite

Opinion

PER CURIAM.

This cause is per curiam affirmed with the exception of the award of attorney’s fees on the counterclaim.

The award was predicated on section 57.-105, Florida Statutes (1991), but after examination of the pleadings and the record, we do not agree that the counterclaim was “frivolous,” “entirely devoid of even arguable substance” and that “there was a complete absence of a justiciable issue raised by the losing party.” . Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501, 506 (Fla. 4th DCA 1982). Accordingly, we reverse the attorney’s fees award.

In all other respects, this cause is affirmed.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

LETTS and GARRETT, JJ., and WALDEN, JAMES H., Senior Judge, concur.

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