ASINMAZ v. SEMRAU

No. 4D09-1027.

42 So.3d 955 (2010)

Arthur ASINMAZ, et al., Appellant, v. Nicole Marie SEMRAU, et al., Appellee.

District Court of Appeal of Florida, Fourth District.

September 1, 2010.


Attorney(s) appearing for the Case

Robin Bresky , Boca Raton, for appellant.

Steven G. Schwartz , Robert S. Horwitz and William R. McMahon of Schwartz & Horwitz, P.L.C., Boca Raton, for appellee.


WARNER, J.

The trial court awarded attorney's fees pursuant to section 57.105, Florida Statutes, to the appellee for her defense in this defamation action, concluding that the plaintiff and his attorney had no evidence to support that the appellee acted with express malice when she made a police report accusing the plaintiff of stealing her jewels. We reverse, because the evidence in possession of the plaintiff presented a justiciable issue.

Appellant Asinmaz...

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