Public-domain · open source
OpenJurist

454 So. 2d 52

454 So.2d 52

9 Fla.L.Weekly 1725

Hemmerle v. MGB Corp.

District Court of Appeal of Florida · decided 1984-08-08

Relies on 410 So. 2d 501 - Whitten v. Progressive Cas. Ins. Co. · 384 So. 2d 171 - Allen v. Estate of Dutton

Good law ✅— No negative treatment on recordhow we know

Decided 1984-08-08

How this case has been cited

Cited by 16 later decisions — most recently March 2017

2 federal appellate · 7 state decisions

601984199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1We affirm that portion of the trial court’s order which denied the defendants’/appellees’ motion to quash execution and vacate a final judgment. We reverse, however, the award of attorney’s fees, granted pursuant to section 57.105, Florida Statutes (1983). The record demonstrates that the proceeding below cannot be characterized as one in which there was “a total or absolute lack of a justiciable issue, which is tantamount to a finding that the action [was] frivolous.” Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501, 505 (Fla.1982) (quoting Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th DCA 1980)).

¶2Accordingly, the order on appeal is affirmed in part and reversed in part.

GLICKSTEIN, HURLEY and WALDEN, JJ., concur.
/454/so2d/52 · .json · Public domain