482 So. 2d 399

Joel POLIARD, Appellant, v. Stephen M. ZUKOFF and Paul Berger, Appellees.

Nos. 84-2814, 85-377.

District Court of Appeal of Florida, Third District.

Dec. 3, 1985.

H.T. Smith, Miami, for appellant.

Fowler, White, Burnett, Hurley, Banick & Strickroot and John R. Kelso and William R. Wicks, III, Dixon, Dixon, Hurst & *400Nicklaus and Derk A. Young, Miami, for appellees.

Before BARKDULL, HENDRY and PEARSON, JJ.

PER CURIAM.

There is not “complete absence of a justi-ciable issue” in filing a malpractice action against attorneys for a failure to file a notice of appeal from a non-final appealable order. Therefore even though such an action is voluntarily dismissed as to some of the attorneys, there is no basis for awarding fees pursuant to Section 57.105, Florida Statutes (1983). Simmons v. Schimmel, 476 So.2d 1342 (Fla.3d DCA 1985): Greater Clearwater Chamber of Commerce, Inc. v. Modern Graphic Arts, Inc., 464 So.2d 594 (Fla.2d DCA 1985); Executive Centers of America, Inc. v. Durability Seating & Interiors, Incorporated, 402 So.2d 24 (Fla.3d DCA 1981).

The order awarding such fees to appel-lees Zukoff and Berger is reversed with directions to deny same.

Poliard v. Zukoff
482 So. 2d 399

Case Details

Name
Poliard v. Zukoff
Decision Date
Dec 3, 1985
Citations

482 So. 2d 399

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!