Florida District Courts of Appeal, 1984

Hemmerle v. MGB Corp.

Hemmerle v. MGB Corp.
Florida District Courts of Appeal · Decided August 8, 1984 · Glickstein, Hurley, Walden
454 So. 2d 52; 9 Fla. L. Weekly 1725; 1984 Fla. App. LEXIS 14613 (Southern Reporter, Second Series)

Hemmerle v. MGB Corp.

Opinion of the Court

PER CURIAM.

We affirm that portion of the trial court’s order which denied the defendants’/appellees’ motion to quash execution and vacate a final judgment. We reverse, however, the award of attorney’s fees, granted pursuant to section 57.105, Florida Statutes (1983). The record demonstrates that the proceeding below cannot be characterized as one in which there was “a total or absolute lack of a justiciable issue, which is tantamount to a finding that the action [was] frivolous.” Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501, 505 (Fla. 1982) (quoting Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th DCA 1980)).

Accordingly, the order on appeal is affirmed in part and reversed in part.

GLICKSTEIN, HURLEY and WALDEN, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.