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Aqua Rabella, Inc. v. Hye

District Court of Appeal of Florida, Fourth District
Jan 25, 1989
537 So. 2d 205 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-1928.

January 25, 1989.

Appeal from the Circuit Court for Martin County; John E. Fennelly, Judge.

J. Stockton Bryan, Stuart, for appellants.

Jane L. Cornett and Howard E. Googe of Wackeen, Koebe, Cornett Googe, P.A., Stuart, for appellees.


We reverse the "Order on Defendant's Motion For Attorney's Fees and Costs" which was entered below after dismissal of the main action for lack of prosecution. The order for attorney's fees based upon section 57.105, Florida Statutes, recited "that there is a complete and total lack of a justiciable issue. . . ." Finding no record support for this holding we reverse the award in its entirety. Thus disposing of the case, we do not reach the additional points on appeal.

REVERSED and REMANDED.

HERSEY, C.J., and ANSTEAD and STONE, JJ., concur.


Summaries of

Aqua Rabella, Inc. v. Hye

District Court of Appeal of Florida, Fourth District
Jan 25, 1989
537 So. 2d 205 (Fla. Dist. Ct. App. 1989)
Case details for

Aqua Rabella, Inc. v. Hye

Case Details

Full title:AQUA RABELLA, INC., AQUA RABELLA ASSOCIATES, A PARTNERSHIP, AND ROBERT C…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 25, 1989

Citations

537 So. 2d 205 (Fla. Dist. Ct. App. 1989)