GREATER CLEARWATER CHAMBER OF COMMERCE, INC., AND JAMES R. GRAY, APPELLANTS,
v.
MODERN GRAPHIC ARTS, INC., APPELLEE
PER CURIAM.
We affirm the trial court’s denial of attorney’s fees under section 57.105, Florida Statutes (1979), to appellants who, as defendants, prevailed below. We cannot conclude from the record that plaintiff’s suit was so baseless as to be frivolous. See Whitten v. Progressive Casualty Insurance Co., 410 So. 2d 501, 505 (Fla.1982). Events during the course of a lawsuit which reveal that the litigation is not sustainable do not necessarily convert a case into one in which fees under section 57.105 are recoverable. See Wall v. Department of Transportation, 455 So. 2d 1138 (Fla. 2d DCA 1984).
Affirmed.
OTT, A.C.J., and CAMPBELL and LE-HAN, JJ., concur.
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Schwartz v. W-K P'rs, 530 So. 2d 456 (Fla. 5th DCA 1988)…to attorney’s fees. See Klein v. Layne, Inc. of Florida, 453 So. 2d 203 (Fla. 4th DCA 1984); Sepner v. Village of Royal Palm Beach, 444 So. 2d 68 (Fla. 4th DCA 1984). See also Greater Clearwater Chamber of Commerce, Inc. v. Modem Graphic Arts, Inc., 464 So. 2d 594 (Fla. 2d DCA 1985). In Parrino v. Ayers, 469 So. 2d 837 (Fla. 5th DCA 1985), Ayers was awarded attorney’s fees under section 57.105 after summary judgment was entered in his favor. The Parrinos had filed suit in 1982 against Ayers for ejectment and…
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Huie v. Dent & Cook, P.A., 635 So. 2d 111 (Fla. 2d DCA 1994)…for litigation that continues after a case becomes clearly frivolous. Munsey v. General Tel. Co., 538 So. 2d 1328 (Fla. 2d DCA 1989); Schatz v. Wenaas, 510 So. 2d 1125 (Fla. 2d DCA 1987); Greater Clearwater Chamber of Commerce v. Modem Graphic Arts, 464 So. 2d 594 (Fla. 2d DCA 1985); Wall; Keen v. Bernardo, 452 So. 2d 1133 (Fla. 2d DCA 1984). Nevertheless, our holdings uniformly determine the right to fees based on the circumstances at the inception of the lawsuit. See Thompson, 552 So. 2d 318; Solimando v. A…
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Manfred Schatz v. Wenaas, 510 So. 2d 1125 (Fla. 2d DCA 1987)…that the action is no longer sustainable do not necessarily convert a case into one in which fees should be awarded under section 57.105, and did not do so in this case. See Greater Clear-water Chamber of Commerce, Inc. v. Modem Graphic Arts, Inc., 464 So. 2d 594 (Fla. 2d DCA 1985). [*1127] We, accordingly, reverse the trial court’s order awarding attorney’s fees and related expenses. In light of the foregoing, we need not address the other points raised by Schatz. Reversed. CAMPBELL, Acting C.J., and SCHO…
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- Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
- Leolus L. Wall v. Dep't OF Transp. OF the State OF Fla., 455 So. 2d 1138 (Fla. 2d DCA 1984)