Perlman v. Abel

Defendants and counsel raise several issues involving the assessment of attorney’s fees under section 57.105, Florida Statutes (1995). The first is that the trial court could not have awarded attorney’s fees under the 1995 version of the statute, because the statute in that form required that there be a complete absence of justiciable issue of law and fact as to the entire action or defense. Muckenfuss v. Deltona Corp., 508 So.2d 340 (Fla.1987). The trial court found that the defense in this case was frivolous, and appellants argue that because the trial court had directed a verdict against…