VINCENT COSSIO AND CARMEN COSSIO, APPELLANTS,

v.

WORLD SAVINGS AND LOAN ASSOCIATION, A FEDERAL SAVINGS AND LOAN ASSOCIATION, A/K/A BEACH FEDERAL SAVINGS AND LOAN ASSOCIATION, ASSIGNEE OF SUNRISE SAVINGS AND LOAN ASSOCIATION, APPELLEE

Fla. 3d DCA | 1993-06-01

No. 92-2824

Before BASKIN, COPE and GERSTEN, JJ.

619 So. 2d 402 Florida District Court of Appeal, Third District (1993) Positive Treatment

Cited by 2 cases

Topics

Attorney'S Fees Under Fla. Stat. § 57.105 Fla. Stat. § 57.105 Justiciable Issue Frivolous Litigation

Explore caselaw by topic → Browse Attorney'S Fees Under Fla. Stat. § 57.105 cases and more on FLexlaw

Opinion of the Court

PER CURIAM.

We affirm the order denying the mterve-nors’ motion for attorney’s fees pursuant to section 57.105, Florida Statutes (1991). The record does not reveal “a complete absence of a justiciable issue of either law or fact raised by the losing party[,]” or that “the attempt to create a controversy [wa]s frivolous.” Whitten v. Progressive Casualty Ins. Co., 410 So. 2d 501, 505 (Fla.1982); Atlantic Nat’l Bank v. Tworoger, 448 So. 2d 616 (Fla. 3d DCA 1984); Fireman’s Fund Ins. Co. v. Rojas, 409 So. 2d 1166 (Fla. 3d DCA 1982). Compare Puder v. Raymond Int’l Builders, Inc., 424 So. 2d 78 (Fla. 3d DCA 1982) (§ 57.105 fee award appropriate where litigant brought claim solely for tactical purposes and claim was not valid, not substantiated by any legal relationship between parties, and was voluntarily dismissed when litigant could present no evidence to support claim), review denied, 434 So. 2d 888 (Fla.1983). Thus, the trial court properly denied the motion for attorney’s fees.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Brockway v. Town OF Golfview, 675 So. 2d 699 (Fla. 4th DCA 1996)

…. Pate Constr. Co., Inc., 638 So. 2d 998 (Fla. 4th DCA 1994); Resnick v. County Line Auto Ctr., Inc., 639 So. 2d 1091 (Fla. 3d DCA 1994); Wiggins v. Southern Management Corp., 629 So. 2d 1022 (Fla. 4th DCA 1993); Cossio v. World Sav. and Loan Assn., 619 So. 2d 402 (Fla. 3d DCA 1993). But we also hasten to warn both litigants and lawyers who would advance frivolous claims that no solace may be taken in the preceding litany of cases because there is no reluctance whatsoever by this court in approving, or even s…

Authorities Cited

Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
Fireman's Fund Ins. Co. v. Ada Rojas, 409 So. 2d 1166 (Fla. 3d DCA 1982)
Atl. Nat'l Bank OF Fla. v. Tworoger, 448 So. 2d 616 (Fla. 3d DCA 1984)
Puder v. Raymond Int'l Builders, Inc., 424 So. 2d 78 (Fla. 3d DCA 1982)

Full citator, related cases, and AI research tools

Open in FLexlaw