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SEPNER v. VILLAGE OF ROYAL PALM BEACH

No. 82-2094.

444 So.2d 68 (1984)

Herbert SEPNER, Trustee, Appellant, v. VILLAGE OF ROYAL PALM BEACH, a Political Subdivision of the State of Florida, Milfred Meyer, Individually, and Barney Ditkoff, Individually, Appellees.

District Court of Appeal of Florida, Fourth District.

January 25, 1984.

Attorney(s) appearing for the Case

Richard L. Martens of Boose, Ciklin & Martens, West Palm Beach, for appellant.

Herbert P. Benn of Blank & Benn, West Palm Beach, for appellee Village of Royal Palm Beach.

LETTS, Judge.

We reverse this cause on the authority of Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla. 1982) wherein our Supreme Court noted that entitlement to attorney's fees under Section 57.105, Florida Statutes (1979) must spring from a "complete absence of a justiciable issue of either law or fact raised by the losing party." (Id. 505) Here, we are not presented with a case involving both...

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