Poliard v. Zukoff

District Court of Appeal of Florida

Poliard v. Zukoff

482 So. 2d 399, 10 Fla. L. Weekly 2660, 1985 Fla. App. LEXIS 17188

CourtDistrict Court of Appeal of Florida

DecidedDecember 3, 1985

DocketNos. 84-2814, 85-377

StatusPublished

Cited by1 cases

This text of 482 So. 2d 399 (Poliard v. Zukoff) 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

Poliard v. Zukoff, 482 So. 2d 399, 10 Fla. L. Weekly 2660, 1985 Fla. App. LEXIS 17188 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

There is not “complete absence of a justi-ciable issue” in filing a malpractice action against attorneys for a failure to file a notice of appeal from a non-final appealable order. Therefore even though such an action is voluntarily dismissed as to some of the attorneys, there is no basis for awarding fees pursuant to Section 57.105, Florida Statutes (1983). Simmons v. Schimmel, 476 So.2d 1342 (Fla.3d DCA 1985): Greater Clearwater Chamber of Commerce, Inc. v. Modern Graphic Arts, Inc., 464 So.2d 594 (Fla.2d DCA 1985); Executive Centers of America, Inc. v. Durability Seating & Interiors, Incorporated, 402 So.2d 24 (Fla.3d DCA 1981).

The order awarding such fees to appel-lees Zukoff and Berger is reversed with directions to deny same.

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

PER CURIAM.

There is not “complete absence of a justi-ciable issue” in filing a malpractice action against attorneys for a failure to file a notice of appeal from a non-final appealable order. Therefore even though such an action is voluntarily dismissed as to some of the attorneys, there is no basis for awarding fees pursuant to Section 57.105, Florida Statutes (1983). Simmons v. Schimmel, 476 So.2d 1342 (Fla.3d DCA 1985): Greater Clearwater Chamber of Commerce, Inc. v. Modern Graphic Arts, Inc., 464 So.2d 594 (Fla.2d DCA 1985); Executive Centers of America, Inc. v. Durability Seating & Interiors, Incorporated, 402 So.2d 24 (Fla.3d DCA 1981).

The order awarding such fees to appel-lees Zukoff and Berger is reversed with directions to deny same.

Cite This Page — Counsel Stack

Bluebook (online)

482 So. 2d 399, 10 Fla. L. Weekly 2660, 1985 Fla. App. LEXIS 17188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poliard-v-zukoff-fladistctapp-1985.

Opinion

Related

Cite This Page — Counsel Stack