Opinion
No. 92-1015.
February 17, 1993. Rehearing and Rehearing En Banc Denied March 25, 1993.
Appeal from the Circuit Court for Broward County; Robert C. Abel, Judge.
Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., and Ernest A. Kollra of Law Offices of Ernest A. Kollra, Fort Lauderdale, for appellant.
Wayne Kaplan of Kaplan Gaylord, P.A., Boca Raton, for appellee.
This appeal is from an order awarding attorney's fees pursuant to section 57.105, Florida Statutes (1991). We reverse. The record does not support the trial court's conclusion that there was a complete absence of a justiciable issue of either law or fact raised by the complaint. See Whitten v. Progressive Cas. Ins. Co., 410 So.2d 501 (Fla. 1982); Klein v. Layne, Inc. of Florida, 453 So.2d 203 (Fla. 4th DCA 1984); Brown by and through Brown v. U.S. Marble, 505 So.2d 1103 (Fla. 4th DCA 1987).
REVERSED.
HERSEY and DELL, JJ., and DOWNEY, JAMES C., Senior Judge, concur.