Narrative Opinion Summary
The order dismissing the plaintiffs' second amended complaint is affirmed with prejudice and without leave to amend. However, the award of attorneys' fees to the defendant under section 57.105 of the Florida Statutes (1987) is reversed due to the trial court's failure to find a complete absence of a justiciable issue, as required by Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501, 506 (Fla. 1982). On remand, the trial court may reimpose attorneys' fees if it makes the necessary findings. The decision is affirmed in part, reversed in part, and remanded. RYDER, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.
Legal Issues Addressed
Award of Attorneys' Fees under Florida Statutes Section 57.105subscribe to see similar legal issues
Application: The award of attorneys' fees to the defendant was reversed due to the trial court's failure to establish the absence of a justiciable issue.
Reasoning: However, the award of attorneys' fees to the defendant under section 57.105 of the Florida Statutes (1987) is reversed due to the trial court's failure to find a complete absence of a justiciable issue, as required by Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501, 506 (Fla. 1982).
Dismissal of Complaint with Prejudicesubscribe to see similar legal issues
Application: The court affirmed the dismissal of the plaintiffs' second amended complaint with prejudice, indicating that the case cannot be refiled.
Reasoning: The order dismissing the plaintiffs' second amended complaint is affirmed with prejudice and without leave to amend.
Remand for Reconsideration of Attorneys' Feessubscribe to see similar legal issues
Application: The trial court is permitted to reconsider the imposition of attorneys' fees if it makes the necessary findings on remand.
Reasoning: On remand, the trial court may reimpose attorneys' fees if it makes the necessary findings.