Mixson v. Hyatt, 557 So. 2d 608 (Fla. 3d DCA 1990). · Go Syfert
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Mixson v. Hyatt, 557 So. 2d 608 (Fla. 3d DCA 1990). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: Pakonis v. Clark (fladistctapp, 2014-02-05)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Pakonis v. Clark
Fla. Dist. Ct. App. · 2014 · confidence medium
Diaz v. Metro-Dade Police Dep’t, 557 So.2d 608, 609 (Fla. 3d DCA 1990); Gries Inv.
discussed Cited "see" Visoly v. Security Pacific Credit Corp.
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Mixson v. Hyatt, 557 So.2d 608 (Fla. 3d DCA), review denied, 574 So.2d 142 (Fla.1990); *490 Muckerman v. Burris, 553 So.2d 1300 (Fla. 3d DCA 1989), review denied 567 So.2d 435 (Fla.1990); Wood v. Price, 546 So.2d 88 (Fla. 2d DCA), review denied, 553 So.2d 1166 (Fla.1989); Puder v. Raymond Int'l Builders, Inc., 424 So.2d 78 (Fla. 3d DCA 1982), review denied, 434 So.2d 888 (Fla.1983).
Retrieving the full opinion text from the archive…
William MIXSON, M.D. and Beverly Mixson, his wife
v.
Charles G. HYATT
No. 89-559.
District Court of Appeal of Florida, Third District.
Feb 6, 1990.
557 So. 2d 608
Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik and Paul Louis and Evan J. Langbein, Miami, for appellants., Preddy, Kutner, Hardy, Rubinoff, Brown & Thompson and Susan S. Lerner, Miami, for appellee.
Baskin, Cope, Ferguson.
Published
PER CURIAM.

Beverly and William Mixson appeal the denial of their motion to recover attorney’s fees under section 57.105, Florida Statutes (1987). Their motion followed the voluntary dismissal of a suit initiated against them by Charles G. Hyatt for abuse of process and intentional infliction of emotional distress. We affirm.

A court shall award attorney’s fees pursuant to section 57.105 when it is satisfied “that there was a complete absence of a justiciable issue of law or fact raised by the complaint.” If the court finds that the complaint presented a justiciable issue of law or fact, it should not assess attorney’s fees. Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501 (Fla.1982). Here, the trial court found that the complaint presented a justiciable issue. After reviewing the record, we are unable to say that the claims were entirely devoid of arguable substance or that the trial court’s finding is not supported by the record.

Affirmed.