Smith v. Broida

District Court of Appeal of Florida

Smith v. Broida

555 So. 2d 405, 14 Fla. L. Weekly 2915, 1989 Fla. App. LEXIS 7015, 1989 WL 149609

CourtDistrict Court of Appeal of Florida

DecidedDecember 12, 1989

DocketNo. 89-1306

StatusPublished

This text of 555 So. 2d 405 (Smith v. Broida) 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

Smith v. Broida, 555 So. 2d 405, 14 Fla. L. Weekly 2915, 1989 Fla. App. LEXIS 7015, 1989 WL 149609 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

Upon review of the file herein, we conclude that the action filed by appellee was frivolous. See Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501, 505-06 (Fla.1982). We therefore reverse the order denying attorney’s fees under section 57.105, Florida Statutes (1987), and remand for determination of the amount. As to the cross-appeal, we affirm the order awarding costs to appellants/cross-appellees.

Affirmed in part, reversed in part, and remanded.

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PER CURIAM.

Upon review of the file herein, we conclude that the action filed by appellee was frivolous. See Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501, 505-06 (Fla.1982). We therefore reverse the order denying attorney’s fees under section 57.105, Florida Statutes (1987), and remand for determination of the amount. As to the cross-appeal, we affirm the order awarding costs to appellants/cross-appellees.

Affirmed in part, reversed in part, and remanded.

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Bluebook (online)

555 So. 2d 405, 14 Fla. L. Weekly 2915, 1989 Fla. App. LEXIS 7015, 1989 WL 149609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-broida-fladistctapp-1989.

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