Narrative Opinion Summary
Glenda Mahaney appeals the order dismissing certain parties from her suit and clarifying the status of pleadings. The appellate court affirms the order but remands the case for the trial court to provide written findings to support its previous award of attorney’s fees under section 57.105. The court cites the precedent set in Schwartz v. W-K Partners, which requires a trial court to find a complete absence of a justiciable issue raised by the losing party before awarding fees. The final judgment in Mahaney's case lacked such a finding, leading to the reversal of the attorney’s fees award. The trial court is directed to determine whether any justiciable issue existed, and if it finds none, it may reassess the attorney’s fees without requiring additional evidence. The ruling is thus affirmed in part, reversed in part, and remanded for further proceedings. Judges Dauksh and Harris concur.
Legal Issues Addressed
Award of Attorney's Fees under Section 57.105subscribe to see similar legal issues
Application: The appellate court requires the trial court to provide written findings to support the award of attorney’s fees, ensuring compliance with legal standards.
Reasoning: The appellate court affirms the order but remands the case for the trial court to provide written findings to support its previous award of attorney’s fees under section 57.105.
Remand for Determination of Justiciable Issuesubscribe to see similar legal issues
Application: The trial court is directed to determine the existence of any justiciable issue upon remand, potentially reassessing attorney’s fees without new evidence.
Reasoning: The trial court is directed to determine whether any justiciable issue existed, and if it finds none, it may reassess the attorney’s fees without requiring additional evidence.
Requirement of Justiciable Issue for Awarding Attorney's Feessubscribe to see similar legal issues
Application: The court must determine the presence or absence of a justiciable issue before awarding attorney’s fees, adhering to the precedent set in Schwartz v. W-K Partners.
Reasoning: The court cites the precedent set in Schwartz v. W-K Partners, which requires a trial court to find a complete absence of a justiciable issue raised by the losing party before awarding fees.
Reversal of Attorney's Fees Due to Lack of Findingssubscribe to see similar legal issues
Application: The award of attorney’s fees is reversed due to the trial court's failure to make the necessary finding of a lack of justiciable issue.
Reasoning: The final judgment in Mahaney's case lacked such a finding, leading to the reversal of the attorney’s fees award.