JAMES LAVOLD INC v. ORACLE ELEVATOR COMPANY (2020)

District Court of Appeal of Florida, Third District.

JAMES S. LAVOLD, INC., etc., Appellant, v. ORACLE ELEVATOR COMPANY, etc., Appellee.

No. 3D20-0264

Decided: November 18, 2020

Before FERNANDEZ, LOGUE, and LINDSEY, JJ.

Law Offices of Orrin R. Beilly, LLC, and Orrin R. Beilly (Palm Beach Gardens), for appellant. Sheldon R. Rosenthal, for appellee.

Because the order on appeal awarding attorney's fees pursuant to section 57.105, Florida Statutes (2020), fails to set forth the requisite findings that the claim was frivolous and completely untenable, we reverse and remand for proceedings consistent herewith. See MC Liberty Express, Inc. v. All Points Servs., Inc., 252 So. 3d 397, 403 (Fla. 3d DCA 2018) and cases cited therein (“The law is clear, in order to grant such fees, the trial court must find that the action was frivolous or so devoid of merit both on the facts and the law as to be completely untenable.” (citations and internal quotation marks omitted)).

Reversed and remanded.

PER CURIAM.

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