Narrative Opinion Summary
The court found the action filed by the appellee to be frivolous, referencing Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501, 505-06 (Fla. 1982). Consequently, the court reversed the order that denied attorney’s fees under section 57.105, Florida Statutes (1987), and remanded the case for a determination of the attorney's fees amount. In relation to the cross-appeal, the court affirmed the order that awarded costs to the appellants/cross-appellees. The final judgment is affirmed in part, reversed in part, and remanded.
Legal Issues Addressed
Attorney’s Fees Under Florida Statutes Section 57.105subscribe to see similar legal issues
Application: The court reversed the denial of attorney’s fees under section 57.105 and remanded the case to determine the amount to be awarded.
Reasoning: Consequently, the court reversed the order that denied attorney’s fees under section 57.105, Florida Statutes (1987), and remanded the case for a determination of the attorney's fees amount.
Award of Costs in Cross-Appealsubscribe to see similar legal issues
Application: In the cross-appeal, the court upheld the decision to award costs to the appellants/cross-appellees.
Reasoning: In relation to the cross-appeal, the court affirmed the order that awarded costs to the appellants/cross-appellees.
Frivolous Litigation under Florida Lawsubscribe to see similar legal issues
Application: The court determined that the action filed by the appellee was frivolous, warranting a reversal of the order denying attorney’s fees.
Reasoning: The court found the action filed by the appellee to be frivolous, referencing Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501, 505-06 (Fla. 1982).
Partial Affirmation and Reversal of Final Judgmentsubscribe to see similar legal issues
Application: The court's decision resulted in a partial affirmation and reversal of the final judgment, with directions for further proceedings.
Reasoning: The final judgment is affirmed in part, reversed in part, and remanded.