Appenfeldt v. Quinn

HOBSON, Acting Chief Judge.

Appellants maintain that the trial court erred when it denied their motion for a temporary injunction, refused to reform certain deeds, and granted appellees’ motion for attorney fees. We find appellants’ first and second contentions unpersuasive. We agree, however, that the award of attorney fees under section 57.105, Florida Statutes (1979), was improper.

Section 57.105 requires that, in a civil action, attorney fees be awarded to the prevailing party if the court determines that there was “a complete absence of a justiciable issue” raised by the opposing party. An…