O'Brien v. Brickell Townhouse, Inc.
| Decision Date | 16 October 1984 |
| Docket Number | No. 83-3042,83-3042 |
| Citation | 457 So.2d 1123 |
| Parties | John J. O'BRIEN, Appellant, v. BRICKELL TOWNHOUSE, INC.; Jerry A. Gross; Howard P. Gross and Alan Telisman, Appellees. |
| Court | Florida District Court of Appeals |
John J. O'Brien, Miami, in pro. per.
Podhurst, Orseck Parks, Josefsberg, Eaton, Meadow & Olin and Joel S. Perwin, Miami, for appellees.
Before BARKDULL, HUBBART and FERGUSON, JJ.
Following the rendition of our opinion, reported O'Brien v. Brickell Townhouse, 439 So.2d 982 (Fla. 3d DCA 1983), the matter recurred in the trial court on a petition for attorney's fees filed by Brickell Townhouse pursuant to the provisions of Section 57.105, Florida Statutes (1983). The trial court granted the petition and entered an award of fees. This appeal ensued.
The appellant contends, first, that the trial court was required to take evidence to determine whether or not the appeal was frivolous, and second, that the record, in fact, demonstrated a justiciable issue of law. There is no requirement that a trial court must take evidence to determine whether a matter is frivolous, it may do it on the record alone. Strothman v. Henderson Medical Health Center, Inc., 425 So.2d 1185 (Fla. 4th DCA 1983). And third, it is clear in the instant case by virtue of the prior affirmance that the appellant was attempting to relitigate in the state courts identical issues which had been resolved, adverse to him, in the federal courts and therefore he did not plead any justiciable issue and the trial court was correct in the entry of the order here under review. See Debra, Inc. v. Orange County, 445 So.2d 404, 405 (Fla. 5th DCA 1984); Puder v. Raymond International Builders, Inc., 424 So.2d 78 (Fla. 3d DCA 1983); P.J. Constructors, Inc. v. Carter Electric Company, 410 So.2d 536 (Fla. 5th DCA 1982); New River Yachting Center v. Bacchiocchi, 407 So.2d 607 (Fla. 4th DCA 1982).
The order under review is hereby affirmed.
Affirmed.
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...Co., 664 So.2d 972 (Fla. 4th DCA 1995); Bay Fin. Sav. Bank, F.S.B. v. Hook, 648 So.2d 305 (Fla. 2d DCA 1995); O'Brien v. Brickell Townhouse, Inc., 457 So.2d 1123 (Fla. 3d DCA 1984). However, Friedlander continued to litigate these claims for four years, despite the affirmance of the judgmen......
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Lanson v. Reid
...did not act in good faith by re-litigating claims that had already been determined to be without merit); O'Brien v. Brickell Townhouse, Inc., 457 So. 2d 1123, 1123–24 (Fla. 3d DCA 1984) (affirming fee award and holding there is no requirement that a trial court must take evidence to determi......
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Weatherby Associates, Inc. v. Ballack
...court record. Strothman v. Henderson Mental Health Ctr., Inc., 425 So.2d 1185 (Fla. 4th DCA 1983). See also O'Brien v. Brickell Townhouse, Inc., 457 So.2d 1123 (Fla. 3d DCA 1984). Following the 1999 amendment to section 57.105(1), the frivolousness of a claim may be measured when the claim ......
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Schultz v. Williams, 84-2202
...principal case he was attempting to relitigate issues identical to the issues previously ruled adversely to him. Cf. O'Brien v. Brickell, 457 So.2d 1123 (Fla. 3d DCA 1984). Accordingly, we vacate the award of attorney's fees entered below. Likewise, we deny appellees' motion for assessment ......