Narrative Opinion Summary
The court reverses and remands the case for a hearing due to the appellee's confession of error. The appellant has requested appellate attorney’s fees. In response, the appellee submitted an affidavit indicating he had offered to vacate a default in a foreclosure proceeding, which the appellant declined, opting instead to pursue the appeal. This behavior is characterized as an abuse of the appellate process, a misuse of taxpayer resources, and an undue burden on the appellate court's time. The trial court is instructed to conduct a hearing on remand to determine if the appellee made an unconditional offer to vacate the default and whether the appellant, without reasonable justification, refused the offer to continue with the appeal. If these conditions are met, the court may award attorney’s fees to the appellee as stipulated in section 57.105, Florida Statutes (Supp. 1986). Judges Anstead and Dell concur with this decision.
Legal Issues Addressed
Abuse of the Appellate Processsubscribe to see similar legal issues
Application: The appellant's decision to pursue an appeal despite an offer to vacate the default is deemed an abuse of the appellate process, wasting judicial resources.
Reasoning: This behavior is characterized as an abuse of the appellate process, a misuse of taxpayer resources, and an undue burden on the appellate court's time.
Appellate Attorney’s Fees under Section 57.105, Florida Statutessubscribe to see similar legal issues
Application: The court considers whether to award appellate attorney’s fees to the appellee based on the appellant's conduct in declining an offer to vacate a default and instead pursuing an appeal.
Reasoning: The trial court is instructed to conduct a hearing on remand to determine if the appellee made an unconditional offer to vacate the default and whether the appellant, without reasonable justification, refused the offer to continue with the appeal.
Confession of Error and Remand for Hearingsubscribe to see similar legal issues
Application: The court reverses and remands the case due to the appellee's confession of error, necessitating a lower court hearing to resolve factual issues regarding the offer to vacate the default.
Reasoning: The court reverses and remands the case for a hearing due to the appellee's confession of error.