Rodell v. Narson

Susan Rodell appeals the lower court’s award of attorney’s fees to Corey and Todd Narson (“Narson”). For the following reasons, we reverse.

Attorney’s fees will not be awarded pursuant to section 57.105, Florida Statutes (1995), “unless the court finds a total or absolute lack of a justiciable issue, which is tantamount to a finding that the action is frivolous ... and so clearly devoid of merit both on the facts and the law as to be completely untenable.” Muckenfuss v. Deltona Corp., 508 So.2d 340, 341 (Fla.1987).

Rodell’s case was not frivolous or clearly devoid of all merit both on the facts…