Dalia v. Duda

This is an attorneys’ fee case. An award was made pursuant to section 57.105, Florida Statutes (1989), which authorizes the court to award a reasonable fee to the prevailing party where it finds “that there was a complete absence of a justiciable issue of either fact or law raised by the complaint or defense of the losing party.” There was no finding that the third-party' complaint was frivolous, and no evidence has yet been presented.

The appellant, Dalia, entered into a contract with Michelle Alvarez — who is not a party to this appeal — for the sale of Dalia’s residential home. Michelle…