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Virginia Inv. Fund v. Nolan

District Court of Appeal of Florida, Third District
Mar 10, 2004
867 So. 2d 629 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D03-2031.

Opinion filed March 10, 2004.

An appeal from the Circuit Court for Miami-Dade County, Jeri B. Cohen, Judge, Lower Tribunal No. 99-13757.

Sidley, Austin, Brown Wood, LLP, and Thomas K. Cauley, Jr., and Brian A. McAleenan (Illinois); Sullivan Rivero, P.A. and Lisa Berlow-Lehner, for appellants.

Hall, David, and Joseph, P.A. and Christopher M. David, for appellee.

Before GODERICH, GREEN, and WELLS, JJ.


Finding that the trial court did not abuse its discretion in denying the appellant/defendant's motion for attorney's fees pursuant to section 57.105, Florida Statutes (2000), we affirm. See Thomas v. Perkins, 723 So.2d 293, 294 (Fla. 3d DCA 1998) (holding that an order granting or denying attorney's fees is reviewed on an abuse of discretion standard).See also Strothman v. Henderson Mental Health Ctr., Inc., 425 So.2d 1185 (Fla. 4th DCA 1983) (finding the mere failure of party to state cause of action in its original or amended pleadings not sufficient, in and of itself, to support sanctions under section 57.105); Dade County Sch. Bd. v. Radio Station WQBA, 731 So.2d 638, 644-45 (Fla. 1999) (holding that ruling of trial court will be upheld even if court reached right result but for wrong reason).

Affirmed.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.


Summaries of

Virginia Inv. Fund v. Nolan

District Court of Appeal of Florida, Third District
Mar 10, 2004
867 So. 2d 629 (Fla. Dist. Ct. App. 2004)
Case details for

Virginia Inv. Fund v. Nolan

Case Details

Full title:VIRGINIA INVESTMENT FUND LIMITED PARTNERSHIP, formerly Known as…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 10, 2004

Citations

867 So. 2d 629 (Fla. Dist. Ct. App. 2004)