From Casetext: Smarter Legal Research

Warshaw v. Monroy

District Court of Appeal of Florida, Third District
Nov 25, 1987
515 So. 2d 307 (Fla. Dist. Ct. App. 1987)

Opinion

Nos. 87-96, 87-593.

November 3, 1987. Rehearing Denied November 25, 1987.

Appeal from the Circuit Court for Dade County, John Gale, J.

Rassner, Rassner, Kramer Gold and Alexander Kapetanakis, South Miami, for appellant.

Amador Amador and Rolando A. Amador, Coral Gables, for appellees.

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.


We affirm the final judgment awarding damages to the plaintiffs. Although the record before us amply supports an award of attorney's fees to the plaintiffs under Section 57.105, Florida Statutes (Supp. 1986), the order assessing such fees contains no express finding, as it must, see Muckenfuss v. Deltona Corp., 508 So.2d 340 (Fla. 1987); Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla. 1982), that there was a complete absence of a justiciable issue raised by the defendant, the losing party. Thus, the order on attorney's fees is technically deficient and must be reversed; the cause is therefore remanded to the trial court to make the appropriate finding based on the record. Apgar Markham Construction v. Macasphalt, Inc., 424 So.2d 41 (Fla.2d DCA 1982); City of Miami Beach v. Town of Bay Harbor Islands, 380 So.2d 1112 (Fla. 3d DCA 1980). See Burger King Corp. v. Mason, 710 F.2d 1480 (11th Cir. 1983) (remand appropriate where trial court fails to make requisite findings to support award under Section 57.105, Florida Statutes).

Affirmed in part; reversed in part and remanded.


Summaries of

Warshaw v. Monroy

District Court of Appeal of Florida, Third District
Nov 25, 1987
515 So. 2d 307 (Fla. Dist. Ct. App. 1987)
Case details for

Warshaw v. Monroy

Case Details

Full title:MYRON WARSHAW, APPELLANT, v. ANTONIO MONROY AND ADELINA MONROY, HIS WIFE…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 25, 1987

Citations

515 So. 2d 307 (Fla. Dist. Ct. App. 1987)

Citing Cases

Personnel One v. John Sommerer Co.

To justify an award of fees under section 57.105(1), there must be an express finding by the trial court that…

Mickler v. Graham

On remand, the trial court may reimpose those fees only if it makes the necessary findings based on the…