Courts of law are NOT meant for fake claims or defenses. Someone filing a frivolous matter or claim may be sanctioned. They could be ordered to pay attorneys fees and costs under Florida Law 57.105. This law provides for fees if someone makes a claim that is not based upon the law and facts. A recent opinion tells you all you need to know.
The Basics
To read more about this attorney fee and sanctions topic, click HERE.
- 57.105 is a statute which provides for attorneys fees and costs under limited circumstances
- The purpose of that law was to diminish or discourage frivolous filings
- When is something frivolous?
- This statute provides for the award of fees and costs if a claim or defense is NOT supported by the law or the facts.
- This law SANCTIONS such conduct.
- The sanction is in the form of awarding the prevailing party attorneys fees.
- But be cautious. When awarding fees as a sanction, an expert must give testimony. See the August 5, 2022 case of Mitchell v. Flatt.
Recent Case
On August 3, 2022, Florida’s 4th District Court of Appeal issued its opinion in the case of Cadavid v. Saporta.
This case dealt with injunctions and claims of a violation of a restraining order. It required the trial judge to carefully weigh the conflicting testimony of both parties.
This opinion gives you, the reader, just about all you need to know about Florida Law 57.105.
And, remember: failure to timely appeal a sanction order amounts to waiver.
If you think someone is lying in a lawsuit, consider reading this recent appeals court opinion. And talk to a lawyer who has actually litigated this topic and statute in a Florida courtroom.