Mickler v. Graham, 611 So. 2d 93 (Fla. 1st DCA 1992). · Go Syfert
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Mickler v. Graham, 611 So. 2d 93 (Fla. 1st DCA 1992). Cases Citing This Book View Copy Cite
“e cannot conclude that affidavit was inherently incredible or that his trial testimony was obviously immaterial to the verdict, so as to allow the trial court to reject his recantation without holding an evidentiary hearing.”
6 citation events (1 in the last 25 years) across 1 distinct court.
Strongest positive: MacKey v. State (fladistctapp, 2011-01-19)
Top citers, strongest first. 2 distinct citers.
examined Cited as authority (verbatim quote) MacKey v. State
Fla. Dist. Ct. App. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
e cannot conclude that affidavit was inherently incredible or that his trial testimony was obviously immaterial to the verdict, so as to allow the trial court to reject his recantation without holding an evidentiary hearing.
cited Cited as authority (rule) Kurzweil v. Larkin Hosp. Operating Co.
Fla. Dist. Ct. App. · 1996 · confidence medium
See Broad and Cassel v. Newport Motel, Inc., 636 So.2d 590, 591 (Fla. 3d DCA 1994); Mickler v. Graham, 611 So.2d 93, 94 (Fla. 1st DCA 1992).
Albert MICKLER, Appellant,
v.
Fred GRAHAM and Joan Graham, Appellees.
91-1578.
District Court of Appeal of Florida, First District.
Dec 31, 1992.
611 So. 2d 93
Shivers.
Cited by 5 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 84%
Citer courts: District Court of Appeal of Fl… (1)

[*94] William J. Sheppard, Elizabeth L. White, and Michael R. Yokan, of Sheppard & White, Jacksonville, for appellant.

Barry L. Zisser and Nancy N. Nowlis, Jacksonville, for appellees.

SHIVERS, Judge.

Appellant challenges the trial court's Order Taxing Attorney's Fees and Costs. Because the lower tribunal erred in failing to make a finding "that there was a complete absence of a justiciable issue of either law or fact raised" pursuant to the requirements of section 57.105(1), Florida Statutes (1989), the order is deficient and must be reversed and remanded. On remand, the trial court may reimpose those fees only if it makes the necessary findings based on the record. Whitten v. Progressive Casualty Insur. Co., 410 So.2d 501, 506 (Fla. 1982); Hirtreiter v. Donovan, 594 So.2d 342 (Fla. 2d DCA 1992); Harrison v. Rambuski, 567 So.2d 56 (Fla. 2d DCA 1990); Warshaw v. Monroy, 515 So.2d 307 (Fla. 3d DCA 1987); Sheriff of Alachua County v. Hardie, 433 So.2d 15, 16 (Fla. 1st DCA 1983) (statutory award of attorney's fees must be based on finding that the action is clearly devoid of merit on both the facts and law, and is so untenable as to be properly labeled "frivolous"); Suwannee County v. Garrison, 417 So.2d 1070, 1072-73 & n. 8 (Fla. 1st DCA 1982).

REVERSED and REMANDED.

SMITH and KAHN, JJ., concur.