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FRITILLARY HOLDINGS, INC. v. PAT AND MAE'S DANCELAND CLUB, INC.

No. 83-943.

443 So.2d 506 (1984)

FRITILLARY HOLDINGS, INC., Appellant, v. PAT AND MAE'S DANCELAND CLUB, INC., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

January 18, 1984.

Attorney(s) appearing for the Case

Norman I. Segal, North Miami Beach, for appellant.

Richard L. Polin, Lauderhill, for appellee, Pat and Mae's Danceland Club, Inc.

LETTS, Judge.

The only question raised on appeal, which we deem to have merit, is whether attorney's fees can be awarded under Section 57.105, Florida Statutes (1981), solely because a defendant fails to answer. We hold the statute inapplicable and reverse.

The First District has held the statute to apply when the prevailing party is impelled by the loser to waste time, money and judicial resources to halt a course of conduct engaged in by his opponent.

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