State Title & Guaranty Co. v. Diego Del Valle

Florida District Courts of Appeal
State Title & Guaranty Co. v. Diego Del Valle, 491 So. 2d 1314 (1986)
11 Fla. L. Weekly 1712; 1986 Fla. App. LEXIS 9221
Dell, Gunther, Walden

State Title & Guaranty Co. v. Diego Del Valle

Opinion of the Court

GUNTHER, Judge.

State Title & Guaranty Co., Inc., appeals from an order of the trial court denying its motion for attorney’s fees pursuant to section 57.105, Florida Statutes (1983). We reverse.

The issue is whether the trial court, after specifically finding that there was no justi-ciable issue of fact or law, erred when it did not award attorney’s fees to the appellant, the prevailing party, pursuant to section 57.105, Florida Statutes (1983).

Once the court made the finding that there was no justiciable issue of law or fact, the mandatory language of the statute required the court to award attorney’s fees to the prevailing party. See Wright v. Acierno, 437 So.2d 242 (Fla. 5th DCA 1983); Galbraith v. Inglese, 402 So.2d 574 (Fla. 4th DCA 1981).

REVERSED AND REMANDED for a hearing to determine an award of attorney’s fees.

WALDEN and DELL, JJ., concur.

Reference

Full Case Name
STATE TITLE & GUARANTY CO., INC., a Florida corporation v. DIEGO DEL VALLE, etc.
Cited By
1 case
Status
Published