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Palm Beach County v. Lassiter Construction Co.
Citations: 458 So. 2d 430; 9 Fla. L. Weekly 2385; 1984 Fla. App. LEXIS 15959Docket: No. 83-894
Court: District Court of Appeal of Florida; November 13, 1984; Florida; State Appellate Court
The final judgment is affirmed in all respects except for two specific provisions. First, the parties concur that the claim for costs related to purchasing a builder’s risk insurance policy, amounting to $1,271.00, had been settled before trial and should not have been included in the awarded amount to the plaintiff. Second, the trial court incorrectly awarded attorney’s fees under section 57.105 of the Florida Statutes, as the proceedings did not exhibit a total lack of justiciable issues, which is required to categorize the action as frivolous. Consequently, the trial court is directed to issue an amended final judgment that aligns with these findings. The ruling is affirmed in part and reversed in part, with Judges Downey, Hurley, and Dell concurring.