Opinion
No. 92-0573.
April 14, 1993.
Appeal from the Circuit Court for Palm Beach County; James T. Carlisle, Judge.
Mary E. Hammel and Fred Dedrick of Bacen Kaplan, P.A., Fort Lauderdale, for appellant.
Richard E. Bosse and Christopher Rush of Law Offices of Richard E. Bosse, for appellees.
The record reflects material issues of fact precluding entry of a summary judgment. Additionally, the award of attorney's fees pursuant to section 57.105, Florida Statutes, is reversed as the trial court did not, and could not, find a complete absence of justiciable issues. Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501 (Fla. 1982). Therefore, the final judgment is reversed and remanded for further proceedings.
GLICKSTEIN, C.J., and STONE and POLEN, JJ., concur.