Resnick v. County Line Auto Center, Inc.

Arthur Resnick appeals from an order awarding County Line Auto Center, Inc. attorney’s fees pursuant to section 57.105, Florida Statutes (1993). For the following reasons, we reverse.

Resnick sued County Line for negligence, alleging that the auto dealer had painted its curb the same color as its walkway tile, creating a trap and an optical illusion that no “step down” existed, and that the negligent design had caused him to suffer permanent injuries. The trial court denied County Line’s motion to dismiss, but later granted County Line’s motion for summary judgment. This court affirmed.…