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 […]

Lots of family members involved in a trust or will contest complain that what the other side is doing is baseless. A weird Florida statute gives you the chance to recover some of your attorneys fees as damages. To see how you may be able to get damages (in the form of attorneys fees) against your opponent (or their lawyer), read about Florida 57.105. Florida Statute 57.105– background So, we know that Florida law is generally made up of two things: statutes and caselaw. The legislature creates the laws which the governor signs. Our judges tell us what those statutes mean and how they operate. So, why would you refer to this law as “weird?”. Well, first of all, Florida 57.105 is one of those statutes that seems to create more litigation than it was intended to diminish. Second, it is often mis-understood and incorrectly applied. By the lawyers ! In fact, ask an experienced will or trust litigation lawyer. They will tell you that there are a lot of probate lawyers who say they go to court, but actually don’t try cases. And they often don’t completely understand this statute and when it is appropriate. Here is “everything” you may want to know about Florida 57.105 and even a recent case from the 3rd District Court of Appeal on this subject. 57.105 in easy-2-read, plain-English 57.105 is a Florida statute It provides that sanctions may be awarded against a party in a lawsuit for having a baseless, or frivolous […]

57.105 Florida sanctions is a serious law. Heck, sanctions are serious. If you are faced with a “safe harbor” letter or notice, or a 57.105 motion, here are some things you may want to know. Sanctions in Florida Lawsuits A Florida trial judge has the inherent authority to punish, or sanction, bad conduct. In Florida, there is the inequitable conduct doctrine. For a trial judge to sanction someone, she needs to make very specific findings of fact in her order. Notice of an evidentiary hearing is required. The party who may be sanctioned or punished is entitled to notice and an opportunity to put on a defense. But beyond the inequitable conduct doctrine, there is a peculiar law, or statute, which permits a Florida judge to sanction a party to a lawsuit, and the party’s lawyers, for maintaining (and refusing to withdraw) a frivolous position. This may occur, for example, under Florida Statute 57.105 57.105 Florida’s Sanctions Statute On August 25, 2021, the 3rd District Court of Appeal issued its opinion in Viera v. In Re: Liptito, LLC. The 3rd DCA is the appellate court for Miami-Dade County. This opinion dealt with sanctions in the form of attorneys fees against an attorney. 57.105 is a statute that permits a party to obtain attorneys fees if the other side is doing something frivolous. Put another way, this law may be a path to get a lawsuit dismissed. That’s because the threat of being sanctioned sometimes compels a party or their counsel […]