Maryland Casualty Insurance Co. v. Semmer Electric, Inc.

We agree with the appellant’s contention that the circuit court erred in awarding attorney’s fees to the appellee pursuant to section 57.105, Florida Statutes (1985). “Attorney’s fees may only be awarded pursuant to that statute when the action brought or the defense raised is so clearly devoid of merit both on the facts and the law as to be completely untenable.” Brinson v. Creative Aluminum Products, 519 So.2d 59, 60 (Fla. 2nd DCA 1988).

Here, a summary judgment was rendered in favor of the appellee showing that there was no genuine issue as to any material fact and that the appellee was…