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Neuromed, Inc. v. Florida Energy Management Services, Inc.

Citations: 600 So. 2d 479; 1992 Fla. App. LEXIS 5374; 1992 WL 104625Docket: No. 91-0285

Court: District Court of Appeal of Florida; May 20, 1992; Florida; State Appellate Court

Narrative Opinion Summary

The court affirms the decision except for the award of attorney's fees related to the counterclaim. The award was based on section 57.105 of the Florida Statutes (1991), but the court finds that the counterclaim was not "frivolous" or without a justiciable issue, referencing Whitten v. Progressive Casualty Insurance Co. Consequently, the award of attorney's fees is reversed. The ruling is affirmed in all other respects. The judges Letts, Garrett, and Senior Judge Walden concur with this decision.

Legal Issues Addressed

Affirmation of Lower Court's Ruling

Application: The court affirmed all aspects of the lower court's decision except for the award of attorney's fees related to the counterclaim.

Reasoning: The ruling is affirmed in all other respects.

Award of Attorney's Fees under Florida Statutes Section 57.105

Application: The court reversed the award of attorney's fees because the counterclaim was not deemed frivolous or without a justiciable issue.

Reasoning: The award was based on section 57.105 of the Florida Statutes (1991), but the court finds that the counterclaim was not 'frivolous' or without a justiciable issue, referencing Whitten v. Progressive Casualty Insurance Co.