Janet P. Macbain v. James W. Bowling

Janet P. MacBain, plaintiff in the trial court, takes this appeal from an order taxing costs in favor of the appellee in the amount of $641.00 and reserving jurisdiction on the appellee's request for attorney's fees. The appellant voluntarily dismissed her action, initiated against the appellee to establish a constructive trust and a resulting trust on certain real property located in Dade County. The appellee responded with a motion to tax costs, including reasonable attorney's fees, on the authority of Fla.R.Civ.P. 1.420(a) and Section 57.105, Florida Statutes (1978). These provisions allow for costs and for reasonable attorney's fees to the prevailing party in those cases where the court finds that there was a complete absence of a justiciable issue of law or fact raised by the losing party. In response to this motion, the trial court entered an order awarding the appellee $641.00 in costs and deferring a ruling on attorney's fees until a later date. This appeal followed.