Florida District Courts of Appeal, 1994

Avis Rent A Car Systems, Inc. v. Newman

Florida District Courts of Appeal · Decided July 26, 1994 · Goderich, Nesbitt, Schwartz

641 So. 2d 915; 1994 Fla. App. LEXIS 7415; 1994 WL 386496 (Southern Reporter, Second Series)

Cases that cite this one

7 later published cases cite this decision.

Key Biscayne Gateway Partners, Ltd. v. Village Council for the Village of Key Biscayne (Fla. Dist. Ct. App. 2018)
Gonzalez and Leal v. International Park Condominium I Assoc., Inc. (Fla. Dist. Ct. App. 2017)
Clautide Jean-Pierre, James Jean-Pierre, and Reynold Jean-Pierre v. Madeline Glaberman (Fla. Dist. Ct. App. 2016)
SP Healthcase Holdings, LLC v. Surgery Center Holdings, LLC (Fla. Dist. Ct. App. 2016)
Blue Infiniti, LLC and Jorge Diaz-Cueto v. Annette Cassells Wilson and Ricky Wilson (Fla. Dist. Ct. App. 2015)
Gonzalez Engineering, Inc. v. MIAMI PUMP AND SUPPLY CO., INC. (Fla. Dist. Ct. App. 1994)
State, Department of Health & Rehabilitative Services ex rel. McCarthy v. McCarthy (Fla. Dist. Ct. App. 1994)

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.

This is an appeal from an order finding that the third-party defendant, Marion H. Newman, was entitled to attorney’s fees pursuant to section 57.105(1), Florida Statutes (1993). We dismiss the appeal without prejudice.

The third-party plaintiff, Avis Rent A Car Systems, Inc., [Avis], argues that the order must be reversed since the trial court failed to make any written findings as to whether the action was completely lacking in any justiciable issue of law or fact. We agree that the trial court must eventually make these findings, but these findings may be made in the order actually awarding the attorney’s fees. The instant order merely *916determined the entitlement to attorney’s fees without setting the amount. See Adlow, Inc. v. Mauda, Inc., 632 So.2d 714 (Fla. 5th DCA 1994); Ferrara v. Caves, 475 So.2d 1295 (Fla. 4th DCA 1985). Accordingly, we dismiss the appeal without prejudice to allow Avis to appeal from the final order setting the amount of attorney’s fees, when entered.1 Dismissed without prejudice.

. Our disposition of this case does not require us to reach' the merits. However, it does seem, even in light of the affidavit filed by Avis, that this action is devoid of any justiciable issue of law or fact.

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