Strothman v. Henderson Mental Health Center, Inc., 82-1092
| Decision Date | 26 January 1983 |
| Docket Number | No. 82-1092,82-1092 |
| Citation | 425 So.2d 1185 |
| Parties | Clara STROTHMAN, Appellant, v. HENDERSON MENTAL HEALTH CENTER, INC., a/k/a Henderson Mental Health Clinic, a Florida non-profit organization, Appellee. |
| Court | Florida District Court of Appeals |
Steven D. Rubin of Weisman & Douglas, P.A., Pompano Beach, for appellant.
Patrick L. Bailey of Sullivan, Ranaghan, Bailey & Gleason, P.A., Pompano Beach, for appellee.
The award of attorney's fees to appellee pursuant to the provisions of section 57.105, Florida Statutes (1982) is hereby reversed. Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla.1982). The mere failure of the appellant to state a cause of action in her original or amended pleadings was not sufficient, in and of itself, to support a finding that her claim was so lacking in merit as to justify the invocation of section 57.105.
We again caution trial courts in this district that before such an award may be made there must be a finding that the position advanced by the losing party is virtually frivolous, Whitten, at 505; and this finding must be predicated upon substantial competent evidence presented to the court at the hearing on attorney's fees or otherwise before the court and in the trial court record.
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...Southeast First Leasing, Inc. v. Koontz, 431 So.2d 333 (Fla.Dist.Ct.App.1983); Strothman v. Henderson Mental Health Center, Inc., 425 So.2d 1185 (Fla.Dist.Ct.App.1983). The trial court must make a specific finding of "complete absence of a justiciable issue of either law or fact" or face re......
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Muckerman v. Burris
...judgment, is not enough to invoke the operation of the statute." Whitten, 410 So.2d at 506; see Strothman v. Henderson Mental Health Center, Inc., 425 So.2d 1185 (Fla. 4th DCA 1983). The record before us does not support the trial court's finding that there was a complete absence of a justi......
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...(holding that dismissal of a claim with prejudice did not warrant assessment of attorney's fees); Strothman v. Henderson Mental Health Center, Inc., 425 So.2d 1185 (Fla. 4th DCA 1983) (the mere failure of a party to state a cause of action in its original or amended pleadings is not suffici......
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Holland Intern., Inc. v. Pollack
...We therefore follow the interpretation of Whitten applied by other Florida appellate courts, Hardie; Strothman v. Henderson Mental Health Center, 425 So.2d 1185 (Fla. 4th DCA 1983); Apgar & Markham Construction of Florida, Inc. v. Macasphalt, Inc., 424 So.2d 41 (Fla. 2d DCA 1982), decline P......