Rowars v. Quality Industrial Contractors, Inc.

Florida District Courts of Appeal February 17, 1993

Rowars v. Quality Industrial Contractors, Inc., 614 So. 2d 19 (1993)

1993 Fla. App. LEXIS 2009; 1993 WL 36277

Dell, Downey, Hersey, James

Opinion of the Court

PER CURIAM.

This appeal is from an order awarding attorney’s fees pursuant to section 57.105, Florida Statutes (1991). We reverse. The record does not support the trial court’s conclusion that there was a complete absence of a justiciable issue of either law or fact raised by the complaint. See Whitten v. Progressive Cas. Ins. Co., 410 So.2d 501 (Fla. 1982); Klein v. Layne, Inc. of Florida, 453 So.2d 203 (Fla. 4th DCA 1984); Brown by and through Brown v. U.S. Marble, 505 So.2d 1103 (Fla. 4th DCA 1987).

REVERSED.

HERSEY and DELL, JJ„ and DOWNEY, JAMES C., Senior Judge, concur.

Reference

Full Case Name: Charles M. ROWARS, Trustee, d/b/a Pelican Bays v. QUALITY INDUSTRIAL CONTRACTORS, INC.
Cited By: 1 case
Status: Published