McNEE v. BIZ

No. 85-947.

473 So.2d 5 (1985)

Francis J. McNee and Gladys S. McNee, His Wife, Petitioners, v. G. Robert BIZ, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing and Reconsideration Denied August 13, 1985.


Attorney(s) appearing for the Case

Robert A. White of Robert A. White, P.A., Coral Springs, for petitioners.

Daniel S. Rosenbaum of Becker, Poliakoff & Streitfeld, P.A., Fort Lauderdale, for respondent.


PER CURIAM.

The circuit court, sitting in its appellate capacity, awarded attorney's fees to appellant Biz pursuant to section 57.105, Florida Statutes (1983). Because the appellees did nothing more than defend the judgment on appeal, we hold that the award of attorney's fees constitutes a departure from the essential requirements of law. Consequently, we grant appellees' petition for certiorari and quash the award.

Section 57.105 provides for an award of...

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