Opinion
No. 90-2168.
February 26, 1991.
An Appeal from the Circuit Court for Monroe County; J. Jefferson Overby, Judge.
Kenneth H. Smith, Tavernier, for appellant.
Beckmeyer Mulick, Karl Beckmeyer and Nick Mulick, Tavernier, for appellees.
Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ.
Appellant appeals a final order dismissing its amended complaint, and an order taxing costs against it, on appellant's action for breach of a construction contract. Appellees cross-appeal from an order denying their motion for attorney's fees pursuant to section 57.105(1), Florida Statutes (1989). We affirm the orders dismissing appellant's complaint and taxing costs based on a ruling that the parties had entered into a contract with a valid and binding arbitration clause. See Sabates v. International Medical Centers, Inc., 450 So.2d 514 (Fla. 3d DCA 1984); Collier Land Corporation v. Royal Palm Beach Realty, Inc., 338 So.2d 859 (Fla. 3d DCA 1976), cert. denied, 348 So.2d 945 (Fla. 1977).
We also affirm the order denying appellees' motion for attorney's fees based upon a holding that there was not a complete absence of a justiciable issue raised by appellant's complaint. § 57.105(1), Fla. Stat. (1989); Muckenfuss v. Deltona Corporation, 508 So.2d 340 (Fla. 1987); Personnel One, Inc. v. John Sommerer Company, P.A., 564 So.2d 1217 (Fla. 3d DCA 1990).
Affirmed.