BRADEN RIVER CIVIC ASSOCIATION, INC., JAMES W. ALSPAUGH AND HELEN E. WILSON, APPELLANTS,
v.
MANATEE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, H. C. GREEN AND JOE F. GARROTT, AS TRUSTEES, AND HORSESHOE COVE RESORT, INC., APPELLEES
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The court held that the award of attorney's fees was improper because the appellants' lawsuit was not completely devoid of a justiciable issue.
Appellants sued to set aside a property rezoning, lost at trial, and had their appeal affirmed. The trial court then awarded attorney's fees to the ap…
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GRIMES, Judge.
Appellants brought suit to set aside the rezoning of two parcels of property in Manatee County to permit a travel trailer and recreational vehicle park. Following a four-day nonjury trial, the circuit judge ruled adversely to appellants, and this court affirmed the final judgment without opinion. Braden River Civic Association v. Manatee County, 388 So. 2d 1124 (Fla.2d DCA 1980). Upon motion, the trial court awarded appellees attorney’s fees totaling $10,000 pursuant to the provisions of section 57.105, Florida Statutes (1979). Appellants now contend that the court erred in assessing those fees.
Section 57.105 provides for the award of reasonable attorney’s fees to the prevailing party when the court finds “that there was a complete absence of a justiciable issue of either law or fact raised by the losing party.” The statutory language has been equated to a finding of frivolousness. Allen v. Estate of Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980).
The trial was long and tedious, and many of appellants’ witnesses added little to their case. Yet, appellants did demonstrate that the rezoning was inconsistent with the Manatee County Comprehensive Land Use Plan, and an expert in the field of land use planning testified that the rezoning was incompatible with surrounding uses and did not bear a substantial relationship to the health, safety and welfare of the community. Hence, we cannot say that appellants’ case was totally without merit.
We reverse the award of attorney’s fees.
SCHEB, C. J., and RYDER, J., concur.
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Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)…DCA 1981); Executive Centers of America, Inc. v. Durability Seating & Interiors, Inc., 402 So. 2d 24 (Fla.3d DCA 1981); Buckner v. Allergan Pharmaceuticals, Inc., 400 So. 2d 820 (Fla. 5th DCA 1981); Braden River Civic Association v. Manatee County, 403 So. 2d 1007 (Fla.2d DCA 1981); Kisling v. Wooldridge, 397 So. 2d 747 (Fla. 5th DCA 1981); Sachs v. Hoglund, 397 So. 2d 447 (Fla.3d DCA 1981); White v. Montebello Corp., 397 So. 2d 326 (Fla. 5th DCA 1981); City of Deerfield Beach v. Oliver-Hoffman Corp., 396 So.…
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Braden River Civic Ass'n, Inc. v. Manatee Cnty., 403 So. 2d 1007 (Fla. 2d DCA 1981)
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Schultz v. Williams, 472 So. 2d 1347 (Fla. 2d DCA 1985)…at the losing party’s action was not clearly devoid of merit both on the facts and law as to be completely untenable. United Companies Financial Corp. v. Hughes, 460 So. 2d 585 (Fla. 2d DCA 1984). See also Braden River Civic Ass’n v. Manatee County, 403 So. 2d 1007 (Fla. 2d DCA 1981); Allen v. Estate of Dutton, 384 So. 2d 171 (Fla. 5th DCA), petition for review denied, 392 So. 2d 1373 (Fla.1980). Schultz, as property appraiser, is responsible for defending the county's tax roll. § 194.181, Fla.Stat. Here, aft…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carola D. Allen v. Est. of Ellen C. Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980)
- Braden River Civic Ass'n, Inc. v. Manatee Cnty., 403 So. 2d 1007 (Fla. 2d DCA 1981)