MERRILL ENTERPRISES, INC., APPELLANT,
v.
BARKETT OIL COMPANY OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Justiciable Issue Of Law Or Fact cases and more on FLexlaw
PER CURIAM.
This is an appeal from a post judgment order taxing costs and assessing attorneys’ fees against the plaintiff pursuant to Section 57.105, Florida Statutes (1981). The order in question was entered after plaintiff/appellant voluntarily dismissed the case on the eve of trial. Appellant contends that attorneys’ fees cannot be taxed after a voluntary dismissal. MacBain v. Bowling, 374 So. 2d 75 (Fla. 3rd DCA 1979), holds to the contrary. We agree entirely with the MacBain decision and also hold that attorneys’ fees are taxable under the aforecited statute after a voluntary dismissal. The question is whether the fee award is based upon a finding of a complete absence of a justiciable issue of either law or fact. There is record support for the trial court’s determination that attorney’s fees should be awarded under Section 57.105 and there is no merit in any of the issues raised by appellant in its brief.
AFFIRMED.
ANSTEAD, BERANEK and HERSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Xerox Corp. v. Sharifi, 502 So. 2d 1003 (Fla. 5th DCA 1987)…enters of America, Inc. v. Durability Seating, 402 So. 2d 24 (Fla. 3d DCA 1981). Rather the award must be based on a finding of a complete absence of a justiciable issue of either law or fact. Merrill Enterprises, Inc. v. Barkett Oil Co. of Florida, 421 So. 2d 770 (Fla. 4th DCA 1982); Executive Centers of America. It is obvious that the suit filed by Xerox was not baseless or clearly devoid of merit both on the facts and law as to be untenable. It alleged a contract under which sums were due and owing and wh…
-
Goodman v. Goodman, 664 So. 2d 975 (Fla. 4th DCA 1995)…PER CURIAM. We grant Appellani/wife’s motion to review an order denying her motion for temporary support pending appeal, and reverse the order. See Hilsman v. Hilsman, 421 So. 2d 770 (Fla. 4th DCA 1982). After filing a notice of appeal from a dissolution judgment, which included an award of alimony, the wife sought temporary alimony pending appeal in an amount in excess of the award in the judgment. In denying relief, the tria…
-
Westwood Cmty. TWO Ass'n, Inc. v. Lewis, 662 So. 2d 1011 (Fla. 4th DCA 1995)…llant’s argument that the trial court was without authority to award attorney’s fees is equally without merit since attorney's fees pursuant to section 57.105 are taxable after a voluntary dismissal. Merrill Enters., Inc. v. Barkett Oil Co. of Fla., 421 So. 2d 770 (Fla. 4th DCA 1982).…
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
- Kessler v. Medow, 374 So. 2d 75 (Fla. 3d DCA 1979)