Serra v. Brown

District Court of Appeal of Florida

Serra v. Brown

192 So. 3d 684, 2016 WL 3125518, 2016 Fla. App. LEXIS 8479

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 2016

Docket2D15-593

StatusPublished

This text of 192 So. 3d 684 (Serra v. Brown) 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

Serra v. Brown, 192 So. 3d 684, 2016 WL 3125518, 2016 Fla. App. LEXIS 8479 (Fla. Ct. App. 2016).

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Opinion

LaROSE, Judge.

Joseph Serra, Michelle Serra, Michael Serra, and their counsel, John Shahan, appeal the trial court’s final order awarding attorney’s fees to Mary Brown pursuant to section 57.105(1), Florida Statutes (2014).

The order on appeal contains no findings required under section 57.105 to support the award. Consequently, we must reverse. See Dep’t of Revenue v. Marchines, 974 So.2d 1085, 1088 (Fla. 2d DCA 2007); Goldberg v. Watts, 864 So.2d 59, 60 (Fla. 2d DCA 2003); Mason v. Highlands Cty. Comm’rs, 817 So.2d 922, 923 (Fla. 2d DCA 2002).

We render no view as to the underlying merits of the fee award. We only hold that the record before us and the order on appeal are insufficient to support imposition of a section 57.105 sanction. We therefore reverse the order and remand with directions for the trial court to make appropriate findings of fact to justify the award of attorney’s fees.

Reversed and remanded with directions.

NORTHCUTT and KELLY, JJ., Concur.

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