Avis Rent A Car Systems, Inc. v. Newman

This is an appeal from an order finding that the third-party defendant, Marion H. Newman, was entitled to attorney’s fees pursuant to section 57.105(1), Florida Statutes (1993). We dismiss the appeal without prejudice.

The third-party plaintiff, Avis Rent A Car Systems, Inc., [Avis], argues that the order must be reversed since the trial court failed to make any written findings as to whether the action was completely lacking in any justiciable issue of law or fact. We agree that the trial court must eventually make these findings, but these findings may be made in the order actually awarding…