JAMES S. LAVOLD, INC., ETC.
v.
ORACLE ELEVATOR COMPANY, ETC.
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A trial court must make explicit findings that a claim was frivolous and completely untenable before awarding attorney's fees under section 57.105, Florida Statutes.
[1] To award attorney's fees under section 57.105, Florida Statutes, a trial court must make explicit findings that the claim or defense was frivolous and completely untenabl…
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Join FLexlaw to unlock all legal intelligence“The law is clear, in order to grant such fees, the trial court must find that the action was frivolous or so devoid of merit both on the facts and the law as to be completely untenable.”
Citing MC Liberty Express, Inc. v. All Points Servs., Inc., 252 So. 3d 397, 403 (Fla. 3d DCA 2018)
James S. Lavold, Inc. brought an action against Oracle Elevator Company. The trial court awarded attorney's fees to the appellee pursuant to section 5…
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Opinion filed November 18, 2020. Not final until disposition of timely filed motion for rehearing.
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No. 3D20-0264 Lower Tribunal No. 14-29304
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James S. Lavold, Inc., etc.,
Appellant,
vs.
Oracle Elevator Company, etc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Veronica A. Diaz, Judge. Law Offices of Orrin R. Beilly, LLC, and Orrin R. Beilly (Palm Beach Gardens), for appellant. Sheldon R. Rosenthal, for appellee. Before FERNANDEZ, LOGUE, and LINDSEY, JJ. PER CURIAM.
Because the order on appeal awarding attorney’s fees pursuant to section
57.105, Florida Statutes (2020), fails to set forth the requisite findings that the claim was frivolous and completely untenable, we reverse and remand for proceedings consistent herewith. See MC Liberty Express, Inc. v. All Points Servs., Inc., 252
So. 3d 397, 403 (Fla. 3d DCA 2018) and cases cited therein (“The law is clear, in order to grant such fees, the trial court must find that the action was frivolous or so devoid of merit both on the facts and the law as to be completely untenable.” (citations and internal quotation marks omitted)).
Reversed and remanded.