Rawls v. Roberts

District Court of Appeal of Florida

Rawls v. Roberts

664 So. 2d 51, 1995 Fla. App. LEXIS 12589, 1995 WL 713963

District Court of Appeal of Florida·Decided December 6, 1995·No. No. 94-2000·Published

Opinion

STEVENSON, Judge.

Appellant, Tonica Rawls, challenges an order entered by the trial court granting appellee, Sun Bank, attorney’s fees pursuant to Section 57.105(1), Florida Statutes (1993). We find that the record confirms the existence of a basis for such an award, however, the trial court’s order is technically deficient in that it contains no specific finding regarding the complete absence of a justiciable issue in appellant’s cause of action. Therefore, we reverse and remand for the trial court to correct its technically deficient order. See Peerless Elec. Co., Inc. v. Goldberger, 473 So.2d 300 (Fla. 4th DCA 1985); Fox v. Loejfler, 434 So.2d 2 (Fla. 4th DCA 1983).

DELL and STONE, JJ., concur.

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STEVENSON, Judge.

Appellant, Tonica Rawls, challenges an order entered by the trial court granting appellee, Sun Bank, attorney’s fees pursuant to Section 57.105(1), Florida Statutes (1993). We find that the record confirms the existence of a basis for such an award, however, the trial court’s order is technically deficient in that it contains no specific finding regarding the complete absence of a justiciable issue in appellant’s cause of action. Therefore, we reverse and remand for the trial court to correct its technically deficient order. See Peerless Elec. Co., Inc. v. Goldberger, 473 So.2d 300 (Fla. 4th DCA 1985); Fox v. Loejfler, 434 So.2d 2 (Fla. 4th DCA 1983).

DELL and STONE, JJ., concur.

Rawls v. Roberts, 664 So. 2d 51, 1995 Fla. App. LEXIS 12589, 1995 WL 713963 (Fla. Ct. App. 1995).

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Opinion

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