Peerless Electric Co. v. Goldberger

Full title: PEERLESS ELECTRIC COMPANY, INC., A FLORIDA CORPORATION, APPELLANT, v…

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 7, 1985

473 So. 2d 300 (Fla. Dist. Ct. App. 1985)

Opinion

No. 83-2234.

August 7, 1985.

Appeal from the Circuit Court for Palm Beach County; Edward Rodgers, Judge.

Jeffrey B. Smith of Cooper, Shahady, Frazier, Pugatch Meyer, Fort Lauderdale, for appellant.

Kathleen J. Kroll of Baskin Steingut, P.A., Boca Raton, for appellee — Melvin T. Goldberger.

HERSEY, Chief Judge.

We reverse and remand to permit the lower court to make a specific and explicit finding regarding a complete absence of a justiciable issue pursuant to section 57.105, Florida Statutes (1983). Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla. 1982); see also Fox v. Loeffler, 434 So.2d 2 (Fla. 4th DCA 1983). Our examination of the record confirms the existence of a basis for such a finding.

REVERSED and REMANDED.

GLICKSTEIN and WALDEN, JJ., concur.