Warshaw v. Monroy

We affirm the final judgment awarding damages to the plaintiffs. Although the record before us amply supports an award of attorney’s fees to the plaintiffs under Section 57.105, Florida Statutes (Supp. 1986), the order assessing such fees contains no express finding, as it must, see Muckenfuss v. Deltona Corp., 508 So.2d 340 (Fla.1987); Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla.1982), that there was a complete absence of a justiciable issue raised by the defendant, the losing party. Thus, the order on attorney’s fees is technically deficient and must be reversed; the…