State, Department of Revenue v. Barry S. Franklin & Associates, P.A.

District Court of Appeal of Florida

State, Department of Revenue v. Barry S. Franklin & Associates, P.A.

841 So. 2d 608, 2003 Fla. App. LEXIS 4434, 2003 WL 1720100

CourtDistrict Court of Appeal of Florida

DecidedApril 2, 2003

DocketNo. 3D01-3481

StatusPublished

This text of 841 So. 2d 608 (State, Department of Revenue v. Barry S. Franklin & Associates, P.A.) 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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State, Department of Revenue v. Barry S. Franklin & Associates, P.A., 841 So. 2d 608, 2003 Fla. App. LEXIS 4434, 2003 WL 1720100 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

The findings of fact do not support an award of attorney’s fees pursuant to the [609]*609inequitable conduct doctrine. See Diaz v. Diaz, 826 So.2d 229 (Fla.2002); Moakley v. Smallwood, 826 So.2d 221, 227 (Fla.2002)(holding that attorney’s fees pursuant to the inequitable conduct doctrine “must be based upon an express finding of bad faith conduct and must be supported by detailed factual findings describing the specific acts of bad faith conduct that resulted in the unnecessary incurrence of attorneys’ fees”); Bitterman v. Bitterman, 714 So.2d 356, 365 (Fla.1998)(holding that inequitable conduct doctrine is rarely applicable), cert. denied, 525 U.S. 1187, 119 S.Ct. 1133, 143 L.Ed.2d 126 (1999). As such, we reverse the award of attorney’s fees in favor of the appellee.

Based on the disposition of the above issue, we do not reach the remaining arguments raised by the appellants.

Reversed.

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PER CURIAM.

The findings of fact do not support an award of attorney’s fees pursuant to the [609]*609inequitable conduct doctrine. See Diaz v. Diaz, 826 So.2d 229 (Fla.2002); Moakley v. Smallwood, 826 So.2d 221, 227 (Fla.2002)(holding that attorney’s fees pursuant to the inequitable conduct doctrine “must be based upon an express finding of bad faith conduct and must be supported by detailed factual findings describing the specific acts of bad faith conduct that resulted in the unnecessary incurrence of attorneys’ fees”); Bitterman v. Bitterman, 714 So.2d 356, 365 (Fla.1998)(holding that inequitable conduct doctrine is rarely applicable), cert. denied, 525 U.S. 1187, 119 S.Ct. 1133, 143 L.Ed.2d 126 (1999). As such, we reverse the award of attorney’s fees in favor of the appellee.

Based on the disposition of the above issue, we do not reach the remaining arguments raised by the appellants.

Reversed.

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841 So. 2d 608, 2003 Fla. App. LEXIS 4434, 2003 WL 1720100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-revenue-v-barry-s-franklin-associates-pa-fladistctapp-2003.

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