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

District Court of Appeal of Florida·Decided April 2, 2003·No. No. 3D01-3481·Published

Opinion

PER CURIAM.

The findings of fact do not support an award of attorney’s fees pursuant to the [609] inequitable 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.

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

PER CURIAM.

The findings of fact do not support an award of attorney’s fees pursuant to the [609] inequitable 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.

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).

Pincite

841 So. 2d 608 (State, Department of Revenue v. Barry S. Franklin & Associates, P.A.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related