Legal Opinion

Nolen v. Blackwood

District Court of Appeal of Florida

Decided June 3, 1998No. 97-3265PublishedCited by 2 opinions

1Per curiam

We affirm the trial court’s denial of appellant’s ore tenus motion for continuance and motion to withdraw made on the day of trial, See Fennie v. State, 648 So.2d 95 (Fla.1994); see also Billings, Cunningham, Morgan & Boatwright, P.A. v. Isom, 701 So.2d 1271 (Fla. 5th DCA 1997).

We reverse the trial court’s award of attorney’s fees to appellee pursuant to section 57.105, Florida Statutes. Both the trial court’s oral pronouncement and written order failed to contain an express finding by the court that there was a complete absence of justiciable issue of either law or fact raised by the…

2Cases cited4 opinions

  1. Whitten v. Progressive Cas. Ins. Co.Supreme Court of Florida · 1982
  2. Fennie v. StateSupreme Court of Florida · 1994
  3. SIMKINS INDUSTRIES v. Lawyers Title Ins.District Court of Appeal of Florida · 1997
  4. Billings, Cunningham, Morgan PA v. IsomDistrict Court of Appeal of Florida · 1997

3Cited by2 opinions

  1. Department of Revenue v. WrobelDistrict Court of Appeal of Florida · 1999
  2. Stroud v. CrosbyDistrict Court of Appeal of Florida · 1998

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