Florida District Courts of Appeal, 1990

Harrison v. Rambuski

Florida District Courts of Appeal · Decided September 28, 1990 · Altenbernd, Ryder, Threadgill

567 So. 2d 56; 1990 Fla. App. LEXIS 7371; 1990 WL 140291 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Broad and Cassel v. Newport Motel, Inc. (Fla. Dist. Ct. App. 1994)
Mickler v. Graham (Fla. Dist. Ct. App. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We affirm the order dismissing the plaintiffs second amended complaint with prejudice and without leave to amend, but reverse the award of attorneys' fees to the defendant pursuant to section 57.105, Florida Statutes (1987). The trial court’s order is deficient “because it contains no finding ... regarding a complete absence of a jus-ticiable issue.” Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501, 506 (Fla. 1982). On remand, the trial court may reimpose these fees only if it makes the necessary findings.

Affirmed in part, reversed in part, and remanded.

RYDER, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.

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