State Title & Guaranty Co. v. Diego Del Valle

District Court of Appeal of Florida

State Title & Guaranty Co. v. Diego Del Valle

491 So. 2d 1314, 11 Fla. L. Weekly 1712, 1986 Fla. App. LEXIS 9221

CourtDistrict Court of Appeal of Florida

DecidedAugust 6, 1986

DocketNo. 85-2168

StatusPublished

Cited by1 cases

This text of 491 So. 2d 1314 (State Title & Guaranty Co. v. Diego Del Valle) 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 Title & Guaranty Co. v. Diego Del Valle, 491 So. 2d 1314, 11 Fla. L. Weekly 1712, 1986 Fla. App. LEXIS 9221 (Fla. Ct. App. 1986).

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Opinion

GUNTHER, Judge.

State Title & Guaranty Co., Inc., appeals from an order of the trial court denying its motion for attorney’s fees pursuant to section 57.105, Florida Statutes (1983). We reverse.

The issue is whether the trial court, after specifically finding that there was no justi-ciable issue of fact or law, erred when it did not award attorney’s fees to the appellant, the prevailing party, pursuant to section 57.105, Florida Statutes (1983).

Once the court made the finding that there was no justiciable issue of law or fact, the mandatory language of the statute required the court to award attorney’s fees to the prevailing party. See Wright v. Acierno, 437 So.2d 242 (Fla. 5th DCA 1983); Galbraith v. Inglese, 402 So.2d 574 (Fla. 4th DCA 1981).

REVERSED AND REMANDED for a hearing to determine an award of attorney’s fees.

WALDEN and DELL, JJ., concur.

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