Bishop v. Moore

Florida District Courts of Appeal
Bishop v. Moore, 531 So. 2d 246 (1988)
13 Fla. L. Weekly 2181; 1988 Fla. App. LEXIS 4175; 1988 WL 96452
Daniel, Dauksch, Sharp

Bishop v. Moore

Opinion of the Court

PER CURIAM.

This is an appeal from an order dismissing a complaint for declaratory relief. We affirm the order because it, in effect and by its findings, makes the correct ruling regarding the declaratory relief sought. However, we cannot affirm the award of attorney’s fees against appellant. Although appellants properly lost their case, there was not a complete absence of a justiciable issue. The trial court did not make that specific finding in its order and we have determined there was an issue raised. See Allen v. Estate of Dutton, 394 So.2d 132 (Fla. 5th DCA 1980), rev. den., 402 So.2d 609 (Fla. 1981). The order of dismissal is affirmed; the order granting attorney’s fees is reversed. The order granting costs is affirmed.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

SHARP, C.J., and DAUKSCH and DANIEL, JJ., concur.

Reference

Full Case Name
Fred A. BISHOP, Helen Demos, Lucille Dunnigan, Kurt Kanow, Mr. and Mrs. James McMahon and the Orlando Central Seventh Day Adventist Church, as Owners and or Trustees of Bel Fountaine v. William T. MOORE, as Personal Representative of the Estate of Laurnell E. Yafanaro and Joseph M. Caruso, Jr.
Cited By
1 case
Status
Published