Legal Opinion

Westwood Community Two Ass'n v. Lewis

District Court of Appeal of Florida

Decided November 15, 1995No. 95-0090PublishedCited by 1 opinion

1Per curiam

This is an appeal from a final judgment which awarded costs pursuant to rule 1.420, Florida Rules of Civil Procedure, and an attorney’s fee pursuant to section 57.105(1), Florida Statutes (1993). We affirm the costs, but reverse the award of attorney’s fees.

The costs issue requires no discussion, in our view, other than to say that appellant’s argument that the trial court was without authority to assess such is without merit.1 As for the attorney’s fees award, we are compelled to reverse because the record does not reflect the statutory requirement of a complete absence of justiciable issues…

2Cases cited6 opinions

  1. Florida Patient's Compensation Fund v. RoweSupreme Court of Florida · 1985
  2. Whitten v. Progressive Cas. Ins. Co.Supreme Court of Florida · 1982
  3. EXEC. CENTERS OF AMERICA, INC. v. Durability Seating & Interiors, Inc.District Court of Appeal of Florida · 1981
  4. Strothman v. Henderson Mental Health Ctr., Inc.District Court of Appeal of Florida · 1983
  5. Stump v. ForesiDistrict Court of Appeal of Florida · 1986

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3Cited by1 opinion

  1. Froman v. KirlandDistrict Court of Appeal of Florida · 1999

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