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Jasckson v. York Hannover Nursing Centers9/5/2003
on of the record without argument or research. See Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982). Thus, a trial court need only review the prejudgment record to determine whether there is a complete absence of a justiciable issue of either law or fact raised by the complaint. In any event, deposing the Personal Representative's attorneys is unnecessary because a determination should be based on the face of the prejudgment record. A motion for attorney's fees pursuant to section 57.105(1), Florida Statutes (1997), therefore, does not require additional discovery to determine whether a cause of action at its inception was completely untenable and frivolous.
Accordingly, the order of March 26, 2003, is affirmed with respect to its determination that York Hannover is the prevailing party in Counts II, III and IV of the complaint, and in its holding that the 1997 version of section 57.105, applies to York Hannover's pending motion for attorney's fees. The order is reversed, however, to the extent it allows York Hannover to take the depositions of the attorneys for the Personal Representative.
AFFIRMED in part, REVERSED in part.
PETERSON and PLEUS, JJ., concur.
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