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696 So. 2d 376

Johns v. Senn

District Court of Appeal of Florida

Decided January 31, 1997

District Court of Appeal of Florida · decided 1997-01-31

Relies on 410 So. 2d 501 - Whitten v. Progressive Cas. Ins. Co. · 508 So. 2d 340 - Muckenfuss v. Deltona Corporation

Good law ✅— No negative treatment on recordhow we know

Decided 1997-01-31

How this case has been cited

Cited by 22 later decisions — most recently April 2018

2 federal appellate · 13 state decisions

120199720002010decided

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.

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PER CURIAM.

¶1Appellant seeks review of two orders of the trial court. The first order granted summary judgment in favor of appellee with respect to the malicious prosecution action brought by appellant. The second order awarded a prevailing party attorney’s fee to appellee pursuant to section 57.105, Florida Statutes. The statute authorizes an award of attorney’s fees to the prevailing party when the trial court finds the losing party has asserted a frivolous claim. We affirm the order granting summary judgment in favor of appellee without further comment. However, we reverse the order awarding an attorney’s fee to appellee as the prevailing party. A review of the record does not establish that “there was a complete absence of a justiciable issue of either law or fact raised by the losing party.” § 57.105, Florida Statutes (1993); Muckenfuss v. Deltona Corporation, 508 So.2d 340, 341 (Fla.1987); Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla.1982).

¶2Accordingly, this cause is affirmed with respect to the first issue, and is reversed with respect to the second issue.

JOANOS, WOLF and VAN NORTWICK, JJ., concur.
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