Florida Statute 57.105 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 57
COURT COSTS

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F.S. 57.105

57.105 Attorney’s fee; sanctions for raising unsupported claims or defenses; exceptions; service of motions; damages for delay of litigation.—

(1) Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney on any claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing party’s attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial:

(a) Was not supported by the material facts necessary to establish the claim or defense; or

(b) Would not be supported by the application of then-existing law to those material facts.

(2) At any time in any civil proceeding or action in which the moving party proves by a preponderance of the evidence that any action taken by the opposing party, including, but not limited to, the filing of any pleading or part thereof, the assertion of or response to any discovery demand, the assertion of any claim or defense, or the response to any request by any other party, was taken primarily for the purpose of unreasonable delay, the court shall award damages to the moving party for its reasonable expenses incurred in obtaining the order, which may include attorney’s fees, and other loss resulting from the improper delay.

(3) Notwithstanding subsections (1) and (2), monetary sanctions may not be awarded:

(a) Under paragraph (1)(b) if the court determines that the claim or defense was initially presented to the court as a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law, as it applied to the material facts, with a reasonable expectation of success.

(b) Under paragraph (1)(a) or paragraph (1)(b) against the losing party’s attorney if he or she has acted in good faith, based on the representations of his or her client as to the existence of those material facts.

(d) On the court’s initiative under subsections (1) and (2) unless sanctions are awarded before a voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.

(4) A motion by a party seeking sanctions under this section must be served but may not be filed with or presented to the court unless, within 21 days after service of the motion, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.

(5) In administrative proceedings under chapter 120, an administrative law judge shall award a reasonable attorney’s fee and damages to be paid to the prevailing party in equal amounts by the losing party and a losing party’s attorney or qualified representative in the same manner and upon the same basis as provided in subsections (1)-(4). Such award shall be a final order subject to judicial review pursuant to s. 120.68. If the losing party is an agency as defined in s. 120.52(1), the award to the prevailing party shall be against and paid by the agency. A voluntary dismissal by a nonprevailing party does not divest the administrative law judge of jurisdiction to make the award described in this subsection.

(6) The provisions of this section are supplemental to other sanctions or remedies available under law or under court rules.

(7) If a contract contains a provision allowing attorney’s fees to a party when he or she is required to take any action to enforce the contract, the court may also allow reasonable attorney’s fees to the other party when that party prevails in any action, whether as plaintiff or defendant, with respect to the contract. This subsection applies to any contract entered into on or after October 1, 1988.

(8) Attorney fees may not be awarded under this section in proceedings for an injunction for protection pursuant to s. 741.30, s. 784.046, or s. 784.0485, unless the court finds by clear and convincing evidence that the petitioner knowingly made a false statement or allegation in the petition or that the respondent knowingly made a false statement or allegation in an asserted defense, with regard to a material matter as defined in s. 837.011(3).

History.—s. 1, ch. 78-275; s. 61, ch. 86-160; ss. 1, 2, ch. 88-160; s. 1, ch. 90-300; s. 316, ch. 95-147; s. 4, ch. 99-225; s. 1, ch. 2002-77; s. 9, ch. 2003-94; s. 1, ch. 2010-129; s. 4, ch. 2019-167.

F.S. 57.105 on Google Scholar

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Amendments to 57.105

Annotations, Discussions, Cases:

Cases Citing Statute 57.105

Total Results: 1000

Whitten v. Progressive Cas. Ins. Co.

410 So. 2d 501

Supreme Court of Florida | Filed: Feb 18, 1982 | Docket: 421756

Cited 142 times | Published

Orange County, upheld the constitutionality of section 57.105, Florida Statutes (1979), thereby giving this

Thornber v. City of Ft. Walton Beach

568 So. 2d 914, 15 Fla. L. Weekly Supp. 535, 1990 Fla. LEXIS 1339, 1990 WL 154237

Supreme Court of Florida | Filed: Oct 11, 1990 | Docket: 1659482

Cited 112 times | Published

court's refusal to award attorney's fees under section 57.105, Florida Statutes (1981), for the city's frivolous

Schwartz v. Millon Air, Inc.

341 F.3d 1220, 56 Fed. R. Serv. 3d 591, 2003 U.S. App. LEXIS 16583, 2003 WL 21911228

Court of Appeals for the Eleventh Circuit | Filed: Aug 12, 2003 | Docket: 77484

Cited 101 times | Published

sanctions under 28 U.S.C. § 1927 and Fla. Stat. § 57.105. We reverse the district court’s award of sanctions

Moakley v. Smallwood

826 So. 2d 221, 2002 WL 276466

Supreme Court of Florida | Filed: Feb 28, 2002 | Docket: 1662815

Cited 79 times | Published

attorneys' fees against Moakley and Broz on section 57.105, Florida Statutes (1997), which allows for

Pino v. Bank of New York

121 So. 3d 23, 38 Fla. L. Weekly Supp. 168, 2013 WL 452109, 2013 Fla. LEXIS 205

Supreme Court of Florida | Filed: Feb 7, 2013 | Docket: 60234406

Cited 60 times | Published

a motion for sanctions brought pursuant to section 57.105, Florida Statutes (2009), and dated February

Allen v. Estate of Dutton

384 So. 2d 171

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 1269468

Cited 55 times | Published

awarding attorney's fees to appellees under section 57.105, Florida Statutes (Supp. 1978). Appellant is

Bankatlantic, a Federal Savings Bank, F/k/a Atlantic Federal Savings and Loan Association of Ft. Lauderdale, Plaintiff-Counterclaim v. Blythe Eastman Paine Webber, Inc., Defendant-Counterclaim Bankatlantic, a Federal Savings Bank F/k/a Atlantic Federal Savings & Loan Association of Ft. Lauderdale v. Blythe Eastman Paine Webber, Inc., N/k/a Painewebber, Bankatlantic, a Federal Savings Bank F/k/a Atlantic Federal Savings & Loan Association of Ft. Lauderdale v. Blythe Eastman Paine Webber, Inc.

955 F.2d 1467, 1992 U.S. App. LEXIS 5050

Court of Appeals for the Eleventh Circuit | Filed: Mar 23, 1992 | Docket: 651384

Cited 48 times | Published

Rule of Civil Procedure 1110 and Florida Statutes § 57.105.11 The motion alleged that BankAtlantic and its

Boca Burger, Inc. v. Forum

912 So. 2d 561, 2005 WL 1574249

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 1650292

Cited 45 times | Published

court sanctions against Boca Burger's counsel. See § 57.105, Fla. Stat. (2000). We granted review. Boca Burger

Wendy's of NE Florida, Inc. v. Vandergriff

865 So. 2d 520, 2003 WL 22714995

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 1656293

Cited 32 times | Published

material fact precluded attorney's fees under section 57.105, Florida Statutes (2001). We affirm without

Gallagher v. Dupont

918 So. 2d 342, 2005 WL 3326617

District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 1361607

Cited 27 times | Published

denied their motion for attorney's fees under section 57.105, Florida Statutes (2003). Gallagher and the

Visoly v. Security Pacific Credit Corp.

768 So. 2d 482, 2000 Fla. App. LEXIS 10508, 2000 WL 1153879

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 1447731

Cited 27 times | Published

filed a motion for attorney's fees pursuant to Section 57.105, Florida Statutes (1997), against attorney

Muckenfuss v. Deltona Corporation

508 So. 2d 340, 12 Fla. L. Weekly 288, 1987 Fla. LEXIS 1969

Supreme Court of Florida | Filed: Jun 11, 1987 | Docket: 1648870

Cited 26 times | Published

Muckenfuss, 487 So.2d at 1079 (emphasis added). Section 57.105, Florida Statutes (1983), authorizes an attorney's

Cadle Co. v. Carlos Julio Martinez

416 F.3d 1286, 2005 WL 1630811

Court of Appeals for the Eleventh Circuit | Filed: Jul 13, 2005 | Docket: 398361

Cited 24 times | Published

reciprocal attorney’s fee statute, Florida Statute § 57.105(6) did not apply, and that there was no precedential

Fisher v. John Carter and Associates, Inc.

864 So. 2d 493, 2004 WL 32668

District Court of Appeal of Florida | Filed: Jan 7, 2004 | Docket: 1727525

Cited 24 times | Published

affirmed. Carter moved for attorneys' fees under section 57.105, Florida Statutes, on November 19, 2001, more

Bionetics Corp. v. Kenniasty

69 So. 3d 943, 36 Fla. L. Weekly Supp. 69, 2011 Fla. LEXIS 338, 2011 WL 446205

Supreme Court of Florida | Filed: Feb 10, 2011 | Docket: 2358618

Cited 23 times | Published

contained in section 57.105, Florida Statutes (2002). Generally speaking, section 57.105 provides the

Demby v. English

667 So. 2d 350, 1995 WL 627450

District Court of Appeal of Florida | Filed: Oct 27, 1995 | Docket: 175708

Cited 23 times | Published

appellant's request for attorney fees pursuant to section 57.105, Florida Statutes, following *352 dismissal

Weatherby Associates, Inc. v. Ballack

783 So. 2d 1138, 2001 WL 313735

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 2448525

Cited 22 times | Published

final orders awarding attorney's fees under section 57.105(1), Florida Statutes (1999), to Capital Health

Gibbs Const. Co. v. SL Page Corp.

755 So. 2d 787, 2000 WL 378231

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 1699429

Cited 21 times | Published

general contract, when read in pari materia with section 57.105(2), Florida Statutes (Supp.1988),[6] entitled

De Vaux v. Westwood Baptist Church

953 So. 2d 677, 2007 Fla. App. LEXIS 4907, 2007 WL 980720

District Court of Appeal of Florida | Filed: Apr 4, 2007 | Docket: 1315252

Cited 20 times | Published

motion for appellate attorney's fees pursuant to section 57.105, Florida Statutes (2005). De Vaux's complaint

Mullins v. Kennelly

847 So. 2d 1151, 2003 WL 21471719

District Court of Appeal of Florida | Filed: Jun 27, 2003 | Docket: 2512369

Cited 20 times | Published

assessing attorney's fees against them pursuant to section 57.105, Florida Statutes (1999). For the reasons that

Rados v. Rados

791 So. 2d 1130, 2001 WL 331984

District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 1655865

Cited 19 times | Published

fees by prevailing in the litigation. See, e.g., § 57.105, Fla. Stat. (1999) (providing sanctions for raising

Wendy's International, Inc. v. Nu-Cape Construction, Inc.

169 F.R.D. 680, 1996 U.S. Dist. LEXIS 16981, 1996 WL 663486

District Court, M.D. Florida | Filed: Nov 14, 1996 | Docket: 66314941

Cited 19 times | Published

that fees and costs are never available under F.S. 57.105; however, this was not the Court’s holding. The

Albritton v. Ferrera

913 So. 2d 5, 2005 WL 2105759

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 1331367

Cited 18 times | Published

their motions for attorney's fees pursuant to section 57.105, Florida Statutes (1999). Appellants prevailed

Nationstar Mortgage LLC v. Glass

219 So. 3d 896, 2017 Fla. App. LEXIS 8982

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 60266971

Cited 17 times | Published

mortgage and the reciprocity provisions of section 57.105(7), Florida Statutes. We deny the motion for

Tubbs v. Mechanik Nuccio Hearne & Wester, P.A.

125 So. 3d 1034, 2013 WL 3835838, 2013 Fla. App. LEXIS 11736

District Court of Appeal of Florida | Filed: Jul 26, 2013 | Docket: 60235642

Cited 17 times | Published

attorney’s fee provision in the mortgages and under section 57.105(7), Florida Statutes (2008). In addition, RC

Glarum v. LASALLE BANK NAT. ASS'N

83 So. 3d 780, 2011 WL 5573941

District Court of Appeal of Florida | Filed: Nov 17, 2011 | Docket: 1174043

Cited 17 times | Published

for filing frivolous pleadings pursuant to section 57.105, Florida Statutes. We reverse the trial court's

Yakavonis v. Dolphin Petroleum, Inc.

934 So. 2d 615, 2006 WL 2057223

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 1460633

Cited 17 times | Published

Gil Hyatt Construction ("Hyatt"), pursuant to section 57.105(1), Florida Statutes (2003). On October 15

Forum v. Boca Burger, Inc.

788 So. 2d 1055, 2001 WL 527785

District Court of Appeal of Florida | Filed: May 16, 2001 | Docket: 1286725

Cited 17 times | Published

plaintiff's motion for attorney's fees under section 57.105 and write to explain our thinking. We begin

Scott v. Busch

907 So. 2d 662, 2005 WL 1787451

District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 459497

Cited 16 times | Published

20 for costs and attorney fees, pursuant to section 57.105, Florida Statutes. Treworgy was assessed an

Nichols v. Hartford Ins. Co. of the Midwest

834 So. 2d 217, 2002 WL 31250625

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 1329403

Cited 16 times | Published

for an award of attorney's fees pursuant to section 57.105, Florida Statutes (1999), which the trial court

Mason v. HIGHLANDS COUNTY BD. OF COM'RS

817 So. 2d 922

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1430477

Cited 16 times | Published

requested an award of attorney's fees pursuant to section 57.105, Florida Statutes (2000). Highlands County

Ganz v. HZJ, INC.

605 So. 2d 871, 1992 WL 275900

Supreme Court of Florida | Filed: Oct 8, 1992 | Docket: 1702379

Cited 16 times | Published

entitlement to statutory attorney's fees pursuant to Section 57.105, Florida Statutes (1991) be specifically pled

Nudel v. Flagstar Bank, FSB

60 So. 3d 1163, 2011 Fla. App. LEXIS 7181, 2011 WL 1878127

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 60300080

Cited 15 times | Published

fees to Nudel if she is the prevailing party. See § 57.105(7) (“If a contract contains a provision allowing

Lidsky Vaccaro & Montes, PA v. Morejon

813 So. 2d 146, 2002 WL 384966

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1403085

Cited 15 times | Published

appellate attorney's fees against it, pursuant to Section 57.105, Fla. Stat. (1995). The fees stemmed from its

KCIN, INC. v. Canpro Investments, Ltd.

675 So. 2d 222, 1996 Fla. App. LEXIS 5927, 1996 WL 303084

District Court of Appeal of Florida | Filed: Jun 7, 1996 | Docket: 1322768

Cited 15 times | Published

theories: (1) as a prevailing party based on section 57.105(2), Florida Statutes (1991), and (2) as a result

Jakobi v. Kings Creek Village Townhouse Ass'n

665 So. 2d 325, 1995 Fla. App. LEXIS 12996, 1995 WL 749902

District Court of Appeal of Florida | Filed: Dec 20, 1995 | Docket: 2451530

Cited 15 times | Published

for attorney's fees under Florida Statutes Section 57.105(2) as prevailing party in a suit against his

Florida Medical Center, Inc. v. McCoy

657 So. 2d 1248, 1995 WL 407448

District Court of Appeal of Florida | Filed: Jul 12, 1995 | Docket: 464072

Cited 15 times | Published

party; (4) the same provision, pursuant to F.S. § 57.105(2) applies to Defendant; (5) Defendant, Regina

Roberto Basulto v. Hialeah Automotive, etc.

141 So. 3d 1145, 39 Fla. L. Weekly Supp. 140, 2014 WL 1057334, 2014 Fla. LEXIS 1051

Supreme Court of Florida | Filed: Mar 20, 2014 | Docket: 405872

Cited 14 times | Published

dealership to recover attorney’s fees, and section 57.105(7), Florida Statutes (2009) applies to permit

Mizrahi v. Mizrahi

867 So. 2d 1211, 2004 WL 444373

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1386546

Cited 14 times | Published

she is thus entitled to attorneys' fees under section 57.105, Florida Statutes. The trial court did not

Bridgestone/Firestone, Inc. v. Herron

828 So. 2d 414, 2002 WL 31202776

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 419532

Cited 14 times | Published

motion for appellate attorney's fees under section 57.105, Florida Statutes (1999). The complaint alleges

Precision Tune Auto Care, Inc. v. Radcliffe

815 So. 2d 708, 2002 WL 662682

District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 1681610

Cited 14 times | Published

final judgment for attorney's fees, pursuant to section 57.105(2), Florida Statutes (1998),[1] in favor of

BDO Seidman v. British Car Auctions, Inc.

802 So. 2d 366, 2001 WL 1335013

District Court of Appeal of Florida | Filed: Oct 31, 2001 | Docket: 1698945

Cited 14 times | Published

fees for bringing a frivolous lawsuit, under section 57.105(1), Florida Statutes (1999), in a case in which

Oruga Corp. v. AT&T WIRELESS OF FLORIDA

712 So. 2d 1141, 1998 WL 299877

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 1471898

Cited 14 times | Published

id. Since Palma, we have similarly construed section 57.105(1), Florida Statutes,[5] as not permitting

Patsy v. Patsy

666 So. 2d 1045, 1996 WL 34040

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 1510971

Cited 14 times | Published

against him as a sanction for filing this motion. Section 57.105, Florida Statutes (1993) authorizes the award

Ketan Kumar v. Nirav C. Patel

227 So. 3d 557, 2017 WL 4296212

Supreme Court of Florida | Filed: Sep 28, 2017 | Docket: 6159897

Cited 13 times | Published

subject to an attorney’s fee sanction under section 57.105, Florida Statutes—rendering the fees and costs

Southeast Floating Docks, Inc. v. Auto-Owners Insurance Co.

82 So. 3d 73, 37 Fla. L. Weekly Supp. 63, 2012 WL 301029, 2012 Fla. LEXIS 236

Supreme Court of Florida | Filed: Feb 2, 2012 | Docket: 60306255

Cited 13 times | Published

sufficiently strong public policy interest in section 57.105, Florida Statutes (1999), which governs reciprocal

Ferere v. Shure

65 So. 3d 1141, 2011 Fla. App. LEXIS 11351, 2011 WL 2848578

District Court of Appeal of Florida | Filed: Jul 20, 2011 | Docket: 2363401

Cited 13 times | Published

motions for attorney's fees and costs under section 57.105(1), Florida Statutes (2008), following a mistrial;

Valcarcel v. CHASE BANK USA NA

54 So. 3d 989, 2010 Fla. App. LEXIS 18016, 2010 WL 4740386

District Court of Appeal of Florida | Filed: Nov 24, 2010 | Docket: 692517

Cited 13 times | Published

attorney's fees as the prevailing party pursuant to section 57.105(7), Florida Statutes (2009), as provided for

Walker v. CASH REGISTER AUTO INS.

946 So. 2d 66, 2006 WL 3751489

District Court of Appeal of Florida | Filed: Dec 22, 2006 | Docket: 1771761

Cited 13 times | Published

Insurance of Leon County, Inc., pursuant to section 57.105, Florida Statutes, and 42 U.S.C.1988(c). For

Mediplex Const. of Florida, Inc. v. Schaub

856 So. 2d 13, 2003 Fla. App. LEXIS 13193, 2003 WL 22047323

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1298300

Cited 13 times | Published

pursuant to a provision in the contract and section 57.105, Florida Statutes. The Schaubs contend that

Corn v. Greco

694 So. 2d 833, 1997 WL 270619

District Court of Appeal of Florida | Filed: May 23, 1997 | Docket: 1450577

Cited 13 times | Published

separate issue with respect to the application of section 57.105, Florida Statutes (1995), to their civil theft

Ciaramello v. D'Ambra

613 So. 2d 1324, 1991 WL 494159

District Court of Appeal of Florida | Filed: Dec 16, 1991 | Docket: 454052

Cited 13 times | Published

different standards than those applicable to section 57.105, Florida Statutes (1989). The appellants' first

Schwartz v. WK PARTNERS

530 So. 2d 456, 1988 WL 89701

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 1267923

Cited 13 times | Published

however, also moved for attorney's fees under section 57.105. At the time the suit was filed in 1985, this

Read v. Taylor

832 So. 2d 219, 27 Fla. L. Weekly Fed. D 2584

District Court of Appeal of Florida | Filed: Dec 4, 2002 | Docket: 1336232

Cited 12 times | Published

appellees attorney's fees pursuant to *220 section 57.105, Florida Statutes (2000). We hold, based on

Landry v. Countrywide Home Loans, Inc.

731 So. 2d 137, 1999 WL 241913

District Court of Appeal of Florida | Filed: Apr 27, 1999 | Docket: 1408848

Cited 12 times | Published

attorney's fee in accordance with the provisions of section 57.105(2), Florida Statutes (1995). We agree, and

Wright v. Acierno

437 So. 2d 242

District Court of Appeal of Florida | Filed: Sep 15, 1983 | Docket: 1256516

Cited 12 times | Published

(defendants' below) an award of attorney's fees under Section 57.105, Florida Statutes (1981), notwithstanding the

International Fidelity Insurance Company v. Americaribe-Moriarity JV

906 F.3d 1329

Court of Appeals for the Eleventh Circuit | Filed: Oct 26, 2018 | Docket: 8090709

Cited 11 times | Published

and the reciprocal effect of Fla. Stat. § 57.105 (7). Specifically, Fidelity advanced a multi-step

Raza v. Deutsche Bank National Trust Co.

100 So. 3d 121, 2012 WL 4210309, 2012 Fla. App. LEXIS 15893

District Court of Appeal of Florida | Filed: Sep 21, 2012 | Docket: 60225564

Cited 11 times | Published

So.2d 1039, involved a frivolous claim under section 57.105. The controlling law is set forth in Sorrentino

Richard DeLauro v. Ralph F. Porto

645 F.3d 1294, 2011 U.S. App. LEXIS 13941, 55 Bankr. Ct. Dec. (CRR) 25

Court of Appeals for the Eleventh Circuit | Filed: Jul 8, 2011 | Docket: 339631

Cited 11 times | Published

brought his motion for attorney’s fees under section 57.105(1) of the Florida Statutes, 2 which

Country Place Community Ass'n v. J.P. Morgan Mortgage Acquisition Corp.

51 So. 3d 1176, 2010 Fla. App. LEXIS 19829, 2010 WL 5350879

District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 2406687

Cited 11 times | Published

denying its motion for attorney's fees under section 57.105(1), Florida Statutes (2008). Country Place

Churchville v. Ocean Grove RV Sales, Inc.

876 So. 2d 649, 2004 WL 1362378

District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 1670960

Cited 11 times | Published

included a motion for sanctions pursuant to section 57.105, Florida Statutes, as well as "Appellants'

Maxwell Bldg. Corp. v. Euro Concepts, LLC

874 So. 2d 709, 2004 WL 1196895

District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 1473659

Cited 11 times | Published

requirements of the statute. Finding no breach of section 57.105 procedures, we reverse. On January 3, 2002

Doss v. Bank of America, NA

857 So. 2d 991, 2003 Fla. App. LEXIS 16524, 2003 WL 22458878

District Court of Appeal of Florida | Filed: Oct 31, 2003 | Docket: 1759266

Cited 11 times | Published

for dismissal. It is true that an award of section 57.105, Florida Statutes, attorney's fees in the collection

Guerin v. DiRoma

819 So. 2d 968, 2002 WL 1369603

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 1192729

Cited 11 times | Published

Additionally, we see no basis for an award of section 57.105 fees. While the father's conduct may have been

McAskill Publications, Inc. v. Keno Brothers Jewelers, Inc.

647 So. 2d 1012, 1994 WL 706269

District Court of Appeal of Florida | Filed: Dec 21, 1994 | Docket: 437553

Cited 11 times | Published

May 7, 1992, claiming entitlement pursuant to section 57.105(2), Florida Statutes (1991).[2] There is no

Yau v. IWDWarriors, Corp.

144 So. 3d 557, 2014 WL 2599904, 2014 Fla. App. LEXIS 9041

District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60242509

Cited 10 times | Published

one-sentence motion for attorney fees under section 57.105, Florida Statutes, soon accompanied by an attorney’s

Espresso Disposition Corp. 1 v. Santana Sales & Marketing Group, Inc.

105 So. 3d 592, 2013 Fla. App. LEXIS 7, 2013 WL 11714

District Court of Appeal of Florida | Filed: Jan 2, 2013 | Docket: 60227886

Cited 10 times | Published

separate motions for sanctions pursuant to section 57.105, Florida Statutes, claiming that Appel-lee’s

Walls v. Quick & Reilly, Inc.

824 So. 2d 1016, 2002 WL 1990548

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 1435383

Cited 10 times | Published

reciprocal attorney's fees provision contained in section 57.105(5), Florida Statutes, which states: If a contract

Gahn v. Holiday Property Bond, Ltd.

826 So. 2d 423, 2002 WL 1821633

District Court of Appeal of Florida | Filed: Aug 9, 2002 | Docket: 1298686

Cited 10 times | Published

attorney's fees and costs filed pursuant to section 57.105, Florida Statutes (2000). We reverse. Background

Indemnity Ins. Co. v. Chambers

732 So. 2d 1141, 1999 WL 140849

District Court of Appeal of Florida | Filed: Mar 17, 1999 | Docket: 1513360

Cited 10 times | Published

Tetra Pak was entitled to attorney's fees under section 57.105(1), Florida Statutes, based on its finding

Foreman v. EF Hutton & Co., Inc.

568 So. 2d 531, 1990 Fla. App. LEXIS 8166, 1990 WL 159673

District Court of Appeal of Florida | Filed: Oct 23, 1990 | Docket: 533528

Cited 10 times | Published

Act) should be construed in pari materia with section 57.105(1), Florida Statutes (1989) (applicable to

City of Miami Beach v. Town of Bay Harbor

380 So. 2d 1112

District Court of Appeal of Florida | Filed: Mar 4, 1980 | Docket: 1403229

Cited 10 times | Published

proceeding as against a municipality under Section 57.105, Florida Statutes (1979). We hold that the

Tylinski v. Klein Automotive, Inc.

90 So. 3d 870, 2012 WL 2012015, 2012 Fla. App. LEXIS 8879

District Court of Appeal of Florida | Filed: Jun 6, 2012 | Docket: 60309671

Cited 9 times | Published

basis for recovering attorney’s fees other than § 57.105(7). Generally, an order granting or denying attorney’s

Land & Sea Petroleum, Inc. v. Business Specialists, Inc.

53 So. 3d 348, 2011 Fla. App. LEXIS 216, 2011 WL 148314

District Court of Appeal of Florida | Filed: Jan 19, 2011 | Docket: 60298077

Cited 9 times | Published

costs pursuant to proposals for settlement; (2) section 57.105(7), Florida Statutes (2004), allowing for reciprocal

Florida Hurricane Protection & Awning, Inc. v. Pastina

43 So. 3d 893, 2010 Fla. App. LEXIS 13391, 2010 WL 3488714

District Court of Appeal of Florida | Filed: Sep 8, 2010 | Docket: 2398166

Cited 9 times | Published

relied on our opinion in Subway. Relying on section 57.105(7), Florida Statutes (2008), the homeowner

Asinmaz v. Semrau

42 So. 3d 955, 2010 Fla. App. LEXIS 12725, 2010 WL 3418359

District Court of Appeal of Florida | Filed: Sep 1, 2010 | Docket: 1928609

Cited 9 times | Published

trial court awarded attorney's fees pursuant to section 57.105, Florida Statutes, to the appellee for her

FERDIE v. Isaacson

8 So. 3d 1246, 2009 Fla. App. LEXIS 4213, 2009 WL 1212147

District Court of Appeal of Florida | Filed: May 6, 2009 | Docket: 1654750

Cited 9 times | Published

the opposing party's attorneys' fees under section 57.105, Florida Statutes (2006).[1] Because the trial

Theophile v. State

967 So. 2d 948, 2007 WL 2733908

District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 1454034

Cited 9 times | Published

(2006), or other sanctions available under section 57.105(1), Florida Statutes (2006). AFFIRMED. HAWKES

Morton v. Heathcock

913 So. 2d 662, 2005 WL 2219466

District Court of Appeal of Florida | Filed: Sep 14, 2005 | Docket: 1698387

Cited 9 times | Published

estate purchase and sale contract and under section 57.105: 1. This case arose from a failed residential

Merchants Bonding Co. v. City of Melbourne

832 So. 2d 184, 2002 Fla. App. LEXIS 17177, 2002 WL 31626161

District Court of Appeal of Florida | Filed: Nov 22, 2002 | Docket: 1700067

Cited 9 times | Published

contract between the City and Continental, and section 57.105(2). The contract contained the following provision:

Vasquez v. PROVINCIAL SOUTH INC.

795 So. 2d 216, 2001 WL 1131335

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 1252467

Cited 9 times | Published

Roofing, Inc., ("PSI") under Section 57.105 of the Florida Statutes. See § 57.105, Fla. Stat. (2000). This

Chaiken v. Suchman

694 So. 2d 115, 1997 WL 277600

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 1450283

Cited 9 times | Published

defendant, Clifford L. Suchman, pursuant to section 57.105, Florida Statutes (1995). We reverse. In the

Pichardo v. United Student Aid Funds, Inc. (In Re Pichardo)

186 B.R. 279, 1995 Bankr. LEXIS 1229, 1995 WL 516555

United States Bankruptcy Court, M.D. Florida | Filed: Aug 11, 1995 | Docket: 1111748

Cited 9 times | Published

Attorney's Fees pursuant to Florida Statute Section 57.105(2) on March 8, 1995. The Court finds that the

Ruppel v. Gulf Winds Apartments, Inc.

508 So. 2d 534, 12 Fla. L. Weekly 1476

District Court of Appeal of Florida | Filed: Jun 12, 1987 | Docket: 1648872

Cited 9 times | Published

requested an award of attorney's fees "pursuant to § 57.105, Florida Statutes." The court denied Developers'

Wall v. DEPT. OF TRANSP. OF STATE OF FLA.

455 So. 2d 1138

District Court of Appeal of Florida | Filed: Sep 19, 1984 | Docket: 1316657

Cited 9 times | Published

assessing attorney's fees against him pursuant to section 57.105, Florida Statutes (1981). We reverse. Appellant

Siegel v. Rowe

71 So. 3d 205, 2011 Fla. App. LEXIS 15722, 2011 WL 4578543

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2352489

Cited 8 times | Published

of attorney's fees made against them under section 57.105(1), Florida Statutes (2006). In the underlying

Santini v. Cleveland Clinic Florida

65 So. 3d 22, 2011 Fla. App. LEXIS 6663, 2011 WL 1773561

District Court of Appeal of Florida | Filed: May 11, 2011 | Docket: 60301697

Cited 8 times | Published

twenty-one day “safe harbor” provision found in section 57.105(4), Florida Statutes. Miller’s counsel contended

Nationwide Mut. Fire Ins. Co. v. Voigt

971 So. 2d 239, 2008 WL 53543

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1731622

Cited 8 times | Published

against Ms. Voigt and her counsel pursuant to section 57.105, Florida Statutes (2006). Nationwide served

Bowen v. Brewer

936 So. 2d 757, 2006 WL 2482971

District Court of Appeal of Florida | Filed: Aug 30, 2006 | Docket: 1161810

Cited 8 times | Published

and Robert C. Brewer (the "Brewers") under section 57.105, Florida Statutes (2003). The trial court found

Mook v. Mook

873 So. 2d 363, 2004 WL 590583

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1732959

Cited 8 times | Published

Wrona, 592 So.2d 694 (Fla. 2d DCA 1991), and section 57.105, Florida Statutes (2000). The Wife objected

Rochlin v. Cunningham

739 So. 2d 1215, 1999 WL 565526

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 1688741

Cited 8 times | Published

and costs in favor of Cunningham pursuant to section 57.105(2), Florida Statutes (1995), based upon the

Boyce v. Cluett

672 So. 2d 858, 1996 WL 148174

District Court of Appeal of Florida | Filed: Apr 3, 1996 | Docket: 1764151

Cited 8 times | Published

court entered a postjudgment order pursuant to section 57.105, Florida Statutes (1993), awarding attorney's

Capital Factors, Inc. v. General Plastics Corp. (In Re General Plastics Corp.)

170 B.R. 725, 1994 Bankr. LEXIS 1157

United States Bankruptcy Court, S.D. Florida. | Filed: Mar 15, 1994 | Docket: 1110866

Cited 8 times | Published

attorney's fees sought under Fla.Stat. § 57.105. Analogous to § 772.11, § 57.105 provides for an award of attorney's

Lambert v. Nelson

573 So. 2d 54, 1990 WL 212140

District Court of Appeal of Florida | Filed: Dec 26, 1990 | Docket: 1518721

Cited 8 times | Published

Nelson, a reasonable attorney's fee pursuant to Section 57.105(1), Florida Statutes (Supp. 1988).[1] Appellants

STATE, DEPT. OF HEALTH AND REHABILITATIVE SERVS. v. Thompson

552 So. 2d 318, 1989 WL 137741

District Court of Appeal of Florida | Filed: Nov 17, 1989 | Docket: 1199880

Cited 8 times | Published

and Rehabilitative Services (HRS) pursuant to section 57.105, Florida Statutes (1987). We reverse. Richard

Wood v. Price

546 So. 2d 88, 1989 WL 73766

District Court of Appeal of Florida | Filed: Jul 5, 1989 | Docket: 1730938

Cited 8 times | Published

the appellant an attorney's fee pursuant to section 57.105, Florida Statutes (1983), and, accordingly

Ferrara v. Caves

475 So. 2d 1295, 10 Fla. L. Weekly 2179

District Court of Appeal of Florida | Filed: Sep 18, 1985 | Docket: 291120

Cited 8 times | Published

of an order awarding attorney's fees under section 57.105, Florida Statutes (1983), in a civil action

Portfolio Investments Corp. v. Deutsche Bank National Trust Co.

81 So. 3d 534, 2012 WL 385616, 2012 Fla. App. LEXIS 1563

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60305940

Cited 7 times | Published

to the assessment of attorney’s fees under section 57.105, “[a] ‘party’ is defined under Florida law

Montgomery v. Larmoyeux

14 So. 3d 1067, 2009 Fla. App. LEXIS 6908, 2009 WL 1531651

District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 1650276

Cited 7 times | Published

Christopher M. Larmoyeux and Eric Hewko under *1069 section 57.105, Florida Statutes (2003). The trial court awarded

Ross v. Blank

958 So. 2d 437, 2007 WL 1263511

District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 1414191

Cited 7 times | Published

granting Blank's Motion for Sanctions pursuant to section 57.105, Florida Statutes, and (3) the trial court's

Robbins v. McGrath

955 So. 2d 633, 2007 WL 1238631

District Court of Appeal of Florida | Filed: Apr 30, 2007 | Docket: 1164441

Cited 7 times | Published

contained a request for attorney's fees pursuant to section 57.105, Florida Statutes. The original complaint was

Connelly v. Old Bridge Village Co-Op, Inc.

915 So. 2d 652, 2005 WL 2512783

District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 1690611

Cited 7 times | Published

Rose Marinelli, under section 57.105(1), Florida Statutes (2003). Section 57.105(1) authorizes an award

Procacci Commercial Realty v. DHRS

690 So. 2d 603

District Court of Appeal of Florida | Filed: Jan 22, 1997 | Docket: 436408

Cited 7 times | Published

lack of a justiciable issue, HRS also invoked section 57.105, Florida Statutes, as a basis for the award

Berman & Feldman v. Winn Dixie, Inc.

684 So. 2d 320, 1996 WL 724335

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 1481840

Cited 7 times | Published

motion for attorneys' fees and costs based upon section 57.105, Florida Statutes (1993). Noble also filed

Jewett v. Leisinger

655 So. 2d 1210, 1995 WL 312574

District Court of Appeal of Florida | Filed: May 24, 1995 | Docket: 1696884

Cited 7 times | Published

for an award of attorney's fees pursuant to section 57.105, Florida Statutes (1993). The trial court ultimately

Friedman v. LAUDERDALE MEDICAL EQUIP. SERVICE, INC.

591 So. 2d 328, 1992 WL 258

District Court of Appeal of Florida | Filed: Jan 3, 1992 | Docket: 541397

Cited 7 times | Published

(Fla. 3d DCA 1990) compared that provision to section 57.105, Florida Statutes which provides for attorney's

Coral Springs Roofing Co., Inc. v. Campagna

528 So. 2d 557, 13 Fla. L. Weekly 1757, 1988 Fla. App. LEXIS 3412, 1988 WL 76297

District Court of Appeal of Florida | Filed: Jul 27, 1988 | Docket: 1367223

Cited 7 times | Published

basis to support the award could be found in section 57.105, Florida Statutes (1987). This section authorizes

Matte v. Caplan

140 So. 3d 686, 2014 WL 2587815, 2014 Fla. App. LEXIS 8853

District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60241585

Cited 6 times | Published

appellant sought attorney’s fees pursuant to section 57.105, Florida Statutes (2013). In accordance with

Global Xtreme, Inc. v. Advanced Aircraft Center, Inc.

122 So. 3d 487, 2013 Fla. App. LEXIS 15205, 2013 WL 5338823

District Court of Appeal of Florida | Filed: Sep 25, 2013 | Docket: 60234702

Cited 6 times | Published

(21) day notice pursuant to Florida Statute Section 57.105(4) to withdraw your complaint against Defendant

Wapnick v. Veterans Council of Indian River County, Inc.

123 So. 3d 622, 2013 WL 4525398, 2013 Fla. App. LEXIS 13674

District Court of Appeal of Florida | Filed: Aug 28, 2013 | Docket: 60235125

Cited 6 times | Published

and Paul Teresi as a sanction pursuant to section 57.105, Florida Statutes (2008). The trial court held

Lago v. Kame By Design, LLC

120 So. 3d 73, 2013 WL 4006870, 2013 Fla. App. LEXIS 12349

District Court of Appeal of Florida | Filed: Aug 7, 2013 | Docket: 60234258

Cited 6 times | Published

awarding fees and costs against them pursuant to section 57.105(1), Florida Statutes. The final judgment imposed

Pompano Masonry Corp. v. Anastasi

125 So. 3d 210, 2013 WL 440085, 2013 Fla. App. LEXIS 1844

District Court of Appeal of Florida | Filed: Feb 6, 2013 | Docket: 60235782

Cited 6 times | Published

trial court’s entry of attorneys’ fees under section 57.105, Florida Statutes. The distinction between

Vives v. Wells Fargo Bank, N.A.

128 So. 3d 9, 2012 WL 2400891, 2012 Fla. App. LEXIS 10393

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60237205

Cited 6 times | Published

misapplied the reciprocality provision, found in section 57.105(7) of the Florida Statutes (2012),1 by failing

Waddington v. Baptist Medical Center of Beaches, Inc.

78 So. 3d 114, 2012 Fla. App. LEXIS 1312, 2012 WL 254965

District Court of Appeal of Florida | Filed: Jan 30, 2012 | Docket: 2355283

Cited 6 times | Published

supported by existing law, as proscribed by section 57.105(1)(b), Florida Statutes (2010). In 2007, Appellant

Morgan v. Wilkins

74 So. 3d 179, 2011 Fla. App. LEXIS 18125, 2011 WL 5561293

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2353348

Cited 6 times | Published

awarding attorney's fees to appellees pursuant to section 57.105, Florida Statutes (2009), to be paid in equal

Port-A-Weld, Inc. v. Padula & Wadsworth Construction, Inc.

984 So. 2d 564, 2008 Fla. App. LEXIS 7224, 33 Fla. L. Weekly Fed. D 1358

District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 2549981

Cited 6 times | Published

in the contract was against public policy under § 57.105, Fla. Stat. The trial court disagreed and determined

Bank of New York v. Williams

979 So. 2d 347, 2008 WL 957845

District Court of Appeal of Florida | Filed: Apr 10, 2008 | Docket: 1714460

Cited 6 times | Published

because she was not a prevailing party under section 57.105(7), Florida Statutes (2006); and that, even

Army Aviation Heritage Foundation & Museum, Inc. v. Buis

504 F. Supp. 2d 1254, 2007 U.S. Dist. LEXIS 22260, 2007 WL 951804

District Court, N.D. Florida | Filed: Mar 28, 2007 | Docket: 2024279

Cited 6 times | Published

warranted under Fla. Stat. § 57.105 and FDUTPA. 1. Fla. Stat. § 57.105 Fla. Stat. § 57.105 mandates an award of

GOSSETT & GOSSETT v. Mervolion

941 So. 2d 1207, 2006 WL 3299986

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 1523618

Cited 6 times | Published

fees against Flori and her new attorney under section 57.105, Florida Statutes. Appellant initially urges

Mercury Ins. Co. of Florida v. Coatney

910 So. 2d 925, 2005 WL 2240337

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 1744554

Cited 6 times | Published

position taken by Mercury as to the award of section 57.105 attorney's fees, we conclude the trial court

Department of Children and Family v. Jb

898 So. 2d 980, 2005 WL 497151

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 1448772

Cited 6 times | Published

attorney's fees may be awarded as a sanction under section 57.105, Florida Statutes, if the court makes appropriate

Citrus & Chemical Bank v. Floyd (In Re Floyd)

322 B.R. 205, 18 Fla. L. Weekly Fed. B 165, 2005 Bankr. LEXIS 407, 2005 WL 638386

United States Bankruptcy Court, M.D. Florida | Filed: Feb 28, 2005 | Docket: 1802299

Cited 6 times | Published

the Federal Rules of Bankruptcy Procedure, and § 57.105 of the Florida Statutes. The Court finds that

Murphy v. WISU Properties, Ltd.

895 So. 2d 1088, 2004 Fla. App. LEXIS 16411, 2004 WL 2452485

District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 1255731

Cited 6 times | Published

order awarding attorney's fees pursuant to Section 57.105, Florida Statutes, and from an order dismissing

Orix Capital Markets v. Park Avenue Assoc.

881 So. 2d 646, 2004 WL 1800739

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1465755

Cited 6 times | Published

reciprocal attorney's fee provision set forth in section 57.105(6), Florida Statutes (2002). The notes provide

GEL Corp. v. Dept. of Environmental Protection

875 So. 2d 1257, 2004 Fla. App. LEXIS 7940, 2004 WL 1224331

District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 1283998

Cited 6 times | Published

provisions of section 120.595. Recent amendments to section 57.105, Florida Statutesanother attorney's fee statutelend

Airtran Airways, Inc. v. Avaero Noise Reduction Joint Venture

858 So. 2d 1232, 2003 Fla. App. LEXIS 17434, 2003 WL 22681609

District Court of Appeal of Florida | Filed: Nov 14, 2003 | Docket: 460782

Cited 6 times | Published

AvAero attorneys' fees apparently pursuant to section 57.105 (1998). We affirm the judgment in all respects

Shortes v. Hill

860 So. 2d 1, 2003 WL 21766239

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 454634

Cited 6 times | Published

assessing attorney's fees against them pursuant to section 57.105, Florida Statutes (2001). We reverse. Following

Zanone v. Clause

848 So. 2d 1268, 2003 WL 21554275

District Court of Appeal of Florida | Filed: Jul 11, 2003 | Docket: 1712361

Cited 6 times | Published

pursuant to either section 57.105 or section 742.045.[2] We will first address section 57.105(1), Florida Statutes

McCarthy Bros. Co. v. Tilbury Const., Inc.

849 So. 2d 7, 2003 Fla. App. LEXIS 3062, 2003 WL 882356

District Court of Appeal of Florida | Filed: Mar 10, 2003 | Docket: 447546

Cited 6 times | Published

McCarthy's third-party complaint, pursuant to section 57.105(6), Florida Statutes (2001).[7] We find both

Katz v. NME Hospitals, Inc.

842 So. 2d 853, 2002 WL 31870343

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1440529

Cited 6 times | Published

could properly enter the award of fees under section 57.105, Florida Statutes, during the pendency of appeal

Freedom Commerce Centre Venture v. Ranson

823 So. 2d 817, 2002 WL 1586631

District Court of Appeal of Florida | Filed: Jul 19, 2002 | Docket: 521607

Cited 6 times | Published

circuit court denied appellants an award of section 57.105, Florida Statutes (2000)[1] attorney's fees

T/F SYSTEMS, INC. v. Malt

814 So. 2d 511, 2002 WL 662749

District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 1718031

Cited 6 times | Published

Neither party raised the applicability of section 57.105(1), Florida Statutes (2000). The 1999 amendments

Arellano v. Bisson

761 So. 2d 365, 2000 WL 346147

District Court of Appeal of Florida | Filed: Apr 5, 2000 | Docket: 1709313

Cited 6 times | Published

triggers the defendant's entitlement to fees under section 57.105. See Wood v. Price, 546 So.2d 88 (Fla. 2d DCA)

Remova Pool Fence Co. v. Roth

647 So. 2d 1022, 1994 WL 706302

District Court of Appeal of Florida | Filed: Dec 21, 1994 | Docket: 437251

Cited 6 times | Published

award. To the extent the award is based upon section 57.105(1), Florida Statutes (1991), it is erroneous

Huie v. DENT & COOK, PA

635 So. 2d 111, 1994 WL 114754

District Court of Appeal of Florida | Filed: Apr 8, 1994 | Docket: 1705456

Cited 6 times | Published

an award of fees against a plaintiff under section 57.105, Florida Statutes (1991), is not authorized

Adlow, Inc. v. Mauda, Inc.

632 So. 2d 714, 1994 WL 63411

District Court of Appeal of Florida | Filed: Mar 4, 1994 | Docket: 161116

Cited 6 times | Published

findings of facts to support an award pursuant to § 57.105(1), Florida Statutes (1991). S.A.B.T.C. Townhouse

Barber v. OAKHILLS ESTATES

583 So. 2d 1114

District Court of Appeal of Florida | Filed: Aug 9, 1991 | Docket: 1672031

Cited 6 times | Published

for the award of attorney's fees pursuant to section 57.105(1), Florida Statutes (1989). By order dated

Barber v. OAKHILLS ESTATES

583 So. 2d 1114

District Court of Appeal of Florida | Filed: Aug 9, 1991 | Docket: 1672031

Cited 6 times | Published

for the award of attorney's fees pursuant to section 57.105(1), Florida Statutes (1989). By order dated

Solimando v. Aloha Medical Center

566 So. 2d 580, 1990 WL 127995

District Court of Appeal of Florida | Filed: Sep 5, 1990 | Docket: 547319

Cited 6 times | Published

then moved for attorneys' fees pursuant to section 57.105, Florida Statutes (1989). The trial court granted

Jones v. Charles

518 So. 2d 445, 1988 WL 1051

District Court of Appeal of Florida | Filed: Jan 13, 1988 | Docket: 1777761

Cited 6 times | Published

repair the sidewalk. Attorney's fees under section 57.105, Florida Statutes (1985), were allowed against

Paul v. Avrahami

216 So. 3d 647, 2017 WL 1363963, 2017 Fla. App. LEXIS 5064

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 60265459

Cited 5 times | Published

denial of their motion for attorney’s fees under section 57.105(1), Florida Statutes (2015). Appellants’ sole

Wells v. Halmac Development, Inc.

189 So. 3d 1015, 2016 WL 1445437, 2016 Fla. App. LEXIS 5586

District Court of Appeal of Florida | Filed: Apr 13, 2016 | Docket: 3053139

Cited 5 times | Published

their motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2012). We hold that the

Grand Reserve at Tampa Condominium Ass'n v. HSBC Bank USA, National Ass'n

189 So. 3d 187, 2016 Fla. App. LEXIS 1180

District Court of Appeal of Florida | Filed: Jan 29, 2016 | Docket: 60294143

Cited 5 times | Published

of: costs the circuit court awarded .under section 57.105, Florida Statutes (2014), as this statute “does

Gordon v. Kleinman

120 So. 3d 120, 2013 WL 4081027, 2013 Fla. App. LEXIS 12730

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233891

Cited 5 times | Published

amend but admonished counsel to be cognizant of section 57.105, Florida Statutes. When petitioner did not

Grapski v. City of Alachua

134 So. 3d 987, 2012 WL 1448503, 2012 Fla. App. LEXIS 6630

District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 60239381

Cited 5 times | Published

consequences for both client and attorney. See § 57.105, Fla. Stat. Conversely, when the law provides

Bay Park Towers Condominium Ass'n v. Triple M. Roofing Corp.

55 So. 3d 591, 2010 Fla. App. LEXIS 19438, 2010 WL 5184954

District Court of Appeal of Florida | Filed: Dec 22, 2010 | Docket: 2407886

Cited 5 times | Published

the appellees and their counsel pursuant to section 57.105, Florida Statutes (2010), and Rule 9.410 of

Two Worlds United v. Zylstra

46 So. 3d 1175, 2010 Fla. App. LEXIS 16738, 2010 WL 4365658

District Court of Appeal of Florida | Filed: Nov 5, 2010 | Docket: 2399125

Cited 5 times | Published

filed a motion for attorney's fees pursuant to section 57.105, Florida Statutes (2007). Zylstra then filed

Cullen v. Marsh

34 So. 3d 235, 2010 Fla. App. LEXIS 6548, 2010 WL 1875638

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1641726

Cited 5 times | Published

creditor below, appeals from an order awarding section 57.105 fees and costs against him and Patchett as

Robinson v. ALUTIQ-MELE, LLC

643 F. Supp. 2d 1342, 2009 U.S. Dist. LEXIS 114467, 2009 WL 2424653

District Court, S.D. Florida | Filed: Apr 6, 2009 | Docket: 2474987

Cited 5 times | Published

Rule of Civil Procedure 11 and Florida Statute section 57.105, that asked Plaintiff to dismiss his complaint

Nathan v. Bates

998 So. 2d 1178, 2008 WL 5352180

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1340336

Cited 5 times | Published

Cheryl Floyd, for attorneys' fees pursuant to section 57.105, Florida Statutes (2008). We grant rehearing

Yang Enterprises, Inc. v. Georgalis

988 So. 2d 1180, 2008 WL 3050424

District Court of Appeal of Florida | Filed: Aug 7, 2008 | Docket: 1384999

Cited 5 times | Published

attorney's fees should not be imposed pursuant to section 57.105(1), Florida Statutes (2007). We now impose

Salazar v. Helicopter Structural & Maintenance, Inc.

986 So. 2d 620, 2007 WL 3274398

District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 1428105

Cited 5 times | Published

$21,540.35 in attorney's fees pursuant to section 57.105, Florida Statutes (2005). HSM cross-appeals

Peyton v. Horner

920 So. 2d 180, 2006 WL 305434

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1441529

Cited 5 times | Published

of attorney's fees against him pursuant to section 57.105, Florida Statutes. We reverse because Peyton

Wagner v. Uthoff

868 So. 2d 617, 2004 WL 503797

District Court of Appeal of Florida | Filed: Mar 12, 2004 | Docket: 451930

Cited 5 times | Published

pursuant to an offer of judgment and pursuant to section 57.105, Florida Statutes (1995 and 2000). We affirm

HOLIDAY SQUARE OWNERS ASS'N INC. v. Tsetsenis

820 So. 2d 450, 2002 WL 1482626

District Court of Appeal of Florida | Filed: Jul 12, 2002 | Docket: 1715616

Cited 5 times | Published

award of attorney fees and costs, "pursuant to section 57.105 and the declaration." The court granted the

Hamilton v. Ramos

796 So. 2d 1269, 2001 WL 1230784

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 1249950

Cited 5 times | Published

attorneys on the subject of Ramos's entitlement to section 57.105, Florida Statutes (2000), attorney's fees.

Pappalardo v. Richfield Hospitality Services, Inc.

790 So. 2d 1226, 2001 WL 883295

District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 2517718

Cited 5 times | Published

costs in favor of the Appellees pursuant to section 57.105(1), Florida Statutes (1999). This suit arose

RUSSO & BAKER v. Fernandez

752 So. 2d 716, 2000 WL 227955

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 2570108

Cited 5 times | Published

awarding attorneys' fees and costs pursuant to section 57.105, Florida Statutes (1995), to appellees, Marlene

GCA, INC. v. 90 SW 8th St. Enterprises, Inc.

696 So. 2d 1230, 1997 WL 294560

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 1326176

Cited 5 times | Published

award of attorney's fees and costs pursuant to section 57.105, Florida Statutes (1993). Subsequently, the

Carnival Leisure Indus. Ltd. v. Arviv

655 So. 2d 177

District Court of Appeal of Florida | Filed: May 17, 1995 | Docket: 1327487

Cited 5 times | Published

his claim for attorney's fees on this ground. Section 57.105 fees will not be awarded unless the court finds

BAY FINANCIAL SAV. BANK. FSB v. Hook

648 So. 2d 305, 1995 WL 3209

District Court of Appeal of Florida | Filed: Jan 6, 1995 | Docket: 1343040

Cited 5 times | Published

an attorney's fee pursuant to section 57.105. Normally section 57.105 fees will not be awarded unless

Broad and Cassel v. Newport Motel, Inc.

636 So. 2d 590, 1994 WL 189633

District Court of Appeal of Florida | Filed: May 17, 1994 | Docket: 1715261

Cited 5 times | Published

defendants Broad and Cassel and Alvin Cassel under Section 57.105, Florida Statutes (1993), in a legal malpractice

Wiggins v. Southern Management Corp.

629 So. 2d 1022, 1993 WL 538231

District Court of Appeal of Florida | Filed: Dec 29, 1993 | Docket: 1264168

Cited 5 times | Published

denial of its prayer for attorney's fees under section 57.105, Florida Statutes (1991). We affirm both orders

Branch v. Charlotte County

627 So. 2d 577, 1993 WL 496054

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 1551965

Cited 5 times | Published

has moved for appellate attorney's fees under section 57.105, Florida Statutes (1991). The standard under

Bremshey v. Morrison

621 So. 2d 717, 1993 WL 167720

District Court of Appeal of Florida | Filed: May 21, 1993 | Docket: 2550069

Cited 5 times | Published

awarding attorney's fees to appellees pursuant to section 57.105, Florida Statutes (1989), and awarding prejudgment

Lanahan Lumber Co., Inc. v. McDevitt & Street Co.

611 So. 2d 591, 1993 WL 889

District Court of Appeal of Florida | Filed: Jan 6, 1993 | Docket: 1674180

Cited 5 times | Published

claim for fees under the contract is based on section 57.105(2), Florida Statutes, which provides: If a

DHRS v. Crossdale

585 So. 2d 481

District Court of Appeal of Florida | Filed: Sep 11, 1991 | Docket: 1688674

Cited 5 times | Published

would also approve the fee award here under section 57.105, Florida Statutes (1989), even though that

Kirby v. Adkins

582 So. 2d 1209, 1991 WL 105613

District Court of Appeal of Florida | Filed: Jun 20, 1991 | Docket: 1715944

Cited 5 times | Published

against Kirby for attorney's fees pursuant to section 57.105, Florida Statutes (1987), since no justiciable

Rojas v. Drake

569 So. 2d 859, 1990 WL 172823

District Court of Appeal of Florida | Filed: Nov 7, 1990 | Docket: 1190040

Cited 5 times | Published

concern attorney's fees granted pursuant to section 57.105, Florida Statutes (1987), which entitles the

Personnel One, Inc. v. JOHN SOMMERER & CO., PA

564 So. 2d 1217, 1990 Fla. App. LEXIS 5606, 1990 WL 107814

District Court of Appeal of Florida | Filed: Jul 31, 1990 | Docket: 128366

Cited 5 times | Published

entitled to fees because it prevailed. *1219 Section 57.105(2) provides for mutuality of contractual attorney's

Cabral v. Diversified Services, Inc.

560 So. 2d 246, 1990 WL 20707

District Court of Appeal of Florida | Filed: Mar 6, 1990 | Docket: 1477796

Cited 5 times | Published

Budget Rent-A-Car attorney's fees pursuant to section 57.105, Florida Statutes (1987)[1]. We agree. For

Bay View Inn, Inc. v. Friedman

545 So. 2d 417, 1989 WL 62761

District Court of Appeal of Florida | Filed: Jun 13, 1989 | Docket: 1702838

Cited 5 times | Published

directors moved for attorney's fees pursuant to section 57.105, Florida Statutes (1985). The court granted

Unrue v. Wells Fargo Bank, N.A.

161 So. 3d 536, 2014 Fla. App. LEXIS 14604, 2014 WL 4648205

District Court of Appeal of Florida | Filed: Sep 19, 2014 | Docket: 60247195

Cited 4 times | Published

by the appellees in the appeal pursuant to section 57.105(1), Florida Statutes. Id. at 561. Nevertheless

Puglisi v. Puglisi

135 So. 3d 1146, 2014 WL 1491134, 2014 Fla. App. LEXIS 5619

District Court of Appeal of Florida | Filed: Apr 17, 2014 | Docket: 60239446

Cited 4 times | Published

Puglisi, appeals a final judgment awarding section 57.105 fees to the former wife. We reverse. The current

Terzis v. Pompano Paint & Body Repair, Inc.

127 So. 3d 592, 2012 WL 6601316, 2012 Fla. App. LEXIS 21770

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60236778

Cited 4 times | Published

defendant’s motion for attorney’s fees pursuant to section 57.105(1), Florida Statutes (2010). The court later

Bmr Funding, LLC v. Ddr Corp.

67 So. 3d 1137, 2011 Fla. App. LEXIS 11903, 2011 WL 3207810

District Court of Appeal of Florida | Filed: Jul 29, 2011 | Docket: 2354758

Cited 4 times | Published

Corporation (DDR) and Carol J. Dunn, pursuant to section 57.105, Florida *1139 Statutes (2009), and the provisions

Koch v. Koch

47 So. 3d 320, 2010 Fla. App. LEXIS 14078, 2010 WL 3655505

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 2398538

Cited 4 times | Published

husband, his attorney’s fees as a sanction under section 57.105(1), Florida Statutes (2008), for legal work

Syverson v. Jones

10 So. 3d 1123, 2009 Fla. App. LEXIS 3636, 2009 WL 1098938

District Court of Appeal of Florida | Filed: Apr 24, 2009 | Docket: 1642120

Cited 4 times | Published

temporary support, denying Wife an award under section 57.105, Florida Statutes, and awarding Husband credit

Anchor Towing, Inc. v. Florida Department of Transportation

10 So. 3d 670, 2009 Fla. App. LEXIS 3417, 2009 WL 1066049

District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1131524

Cited 4 times | Published

Sunshine Towing, Inc.'s attorney's fees under section 57.105, Florida Statutes (2005). We find that Sunshine

Williams v. Stanford

977 So. 2d 722, 2008 WL 762483

District Court of Appeal of Florida | Filed: Mar 25, 2008 | Docket: 1529897

Cited 4 times | Published

Keasler's motions for attorney's fees pursuant to section 57.105, Florida Statutes (2006), on the ground that

Williams v. Stanford

977 So. 2d 722, 2008 WL 762483

District Court of Appeal of Florida | Filed: Mar 25, 2008 | Docket: 1529897

Cited 4 times | Published

Keasler's motions for attorney's fees pursuant to section 57.105, Florida Statutes (2006), on the ground that

Nasser v. Nasser

975 So. 2d 531, 2008 WL 239073

District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 1423468

Cited 4 times | Published

denial of her motion to assess fees pursuant to section 57.105, Florida Statutes, in connection with a petition

Davidson v. Ramirez

970 So. 2d 855, 2007 WL 3355119

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1695048

Cited 4 times | Published

with the notice provision of the statute. See id. § 57.105(4). Plaintiff-appellant Davidson sued defendant-appellee

Eastern Industries v. Florida Uac

960 So. 2d 900, 2007 WL 2065998

District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 2555412

Cited 4 times | Published

award of fees to Claimant as authorized by section 57.105, Florida Statutes (2006). Claimant moved for

Turovets v. Khromov

943 So. 2d 246, 2006 WL 3208499

District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 1527014

Cited 4 times | Published

appeal the trial court's orders assessing section 57.105 attorney's fees to appellee, Rita Khromov,

Moss v. Moss

939 So. 2d 159, 2006 WL 2787414

District Court of Appeal of Florida | Filed: Sep 29, 2006 | Docket: 1657396

Cited 4 times | Published

an award of his attorney's fees pursuant to section 57.105, Florida Statutes (2001), contending that the

Latin American Cafeteria v. Zales Meats

921 So. 2d 768, 2006 Fla. App. LEXIS 2213, 2006 WL 399505

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 1657633

Cited 4 times | Published

award of attorney's fees as sanctions under section 57.105, Florida Statutes (2004). We affirm in part

DEBRA J. SUTTON, PA v. LeBeau

912 So. 2d 327, 2005 WL 1789036

District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 2567699

Cited 4 times | Published

LeBeau attorney's fees and costs pursuant to section 57.105, Florida Statutes (2003), in an underlying

University Centre Hotel, Inc. v. P.C.D. Construction, Inc. (In Re University Centre Hotel, Inc.)

323 B.R. 306, 18 Fla. L. Weekly Fed. B 176, 2005 Bankr. LEXIS 550, 2005 WL 746675

United States Bankruptcy Court, N.D. Florida | Filed: Mar 22, 2005 | Docket: 2451523

Cited 4 times | Published

case. Statutory attorney's fees under Fla. Stat. § 57.105 is the second basis for recovery of fees and costs

Department of Revenue v. Yambert

883 So. 2d 881, 2004 WL 2191160

District Court of Appeal of Florida | Filed: Oct 1, 2004 | Docket: 1718302

Cited 4 times | Published

trial court awarding appellee, Matthew Yambert, section 57.105 attorney's fees.[1]*882 Concluding that the

Cox v. DEPARTMENT OF HIGHWAY SAFETY

881 So. 2d 641, 2004 WL 1799771

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1748721

Cited 4 times | Published

this action, and attorney's fees, pursuant to Section 57.105 and Section 932.704, Florida Statutes. The

Zweibach v. Gordimer

884 So. 2d 244, 2004 WL 1778249

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 1683127

Cited 4 times | Published

finding that Gordimer was entitled to fees under section 57.105 in an amount to be determined later. On July

Wight v. Wight

880 So. 2d 692, 2004 WL 895854

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 1294893

Cited 4 times | Published

DCA 2003) (concerning fees sought pursuant to § 57.105, Fla. Stat. (1997), in a case involving the collection

American Exp. Co. v. Hickey

869 So. 2d 694, 2004 WL 689278

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 1653985

Cited 4 times | Published

imposing fines, awarding attorney's fees under section 57.105, Florida Statutes (2004), finding counsel in

Fleet Services Corp. v. Reise

857 So. 2d 273, 2003 Fla. App. LEXIS 13944, 2003 WL 22103388

District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 1759217

Cited 4 times | Published

and asked for attorney's fees pursuant to section 57.105, Florida Statutes (1997). Admitting that he

Diaz v. Diaz

826 So. 2d 229, 2002 WL 276477

Supreme Court of Florida | Filed: Feb 28, 2002 | Docket: 1662817

Cited 4 times | Published

its award of attorneys' fees against Haber on section 57.105, Florida Statutes (1997), which allows for

Langford v. Ferrera

823 So. 2d 795, 2001 WL 1436388

District Court of Appeal of Florida | Filed: Nov 16, 2001 | Docket: 1512736

Cited 4 times | Published

(Albritton) (collectively "Appellants"), under section 57.105, Florida Statutes (1997). Appellee-personal

Hospitality Ventures of Coral Springs, LC v. AMERICAN ARBITRATION ASSOC., INC.

755 So. 2d 159, 2000 WL 232764

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 1699457

Cited 4 times | Published

AGB Construction for this appeal pursuant to section 57.105(1) & (2), Florida Statutes (1999). The order

Hjj, Inc. v. Party Productions, II

738 So. 2d 515, 1999 WL 623462

District Court of Appeal of Florida | Filed: Aug 18, 1999 | Docket: 1752305

Cited 4 times | Published

joint motion for attorneys' fees pursuant to Section 57.105(1), Florida Statutes (1997). Their motion was

STATE, DEPT. OF HWY. SAFETY v. Salter

710 So. 2d 1039, 1998 WL 264612

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 1444885

Cited 4 times | Published

argument in support of the fee award relies on section 57.105(1), Florida Statutes (1997), which empowers

Haas v. Roe

696 So. 2d 1254, 1997 WL 355195

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 1696154

Cited 4 times | Published

under review award attorney's fees pursuant to section 57.105, Florida Statutes (1995): one in the amount

SIMKINS INDUSTRIES v. Lawyers Title Ins.

696 So. 2d 384, 1997 WL 268376

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 1325944

Cited 4 times | Published

Title in the amount of $15,200 each pursuant to § 57.105, Fla.Stat. (1995). Simkins appeals the propriety

Bronson v. Bronson

685 So. 2d 994, 1997 WL 1703

District Court of Appeal of Florida | Filed: Jan 3, 1997 | Docket: 1414846

Cited 4 times | Published

standard contained in section 57.105, Florida Statutes (1995). Under section 57.105, a defendant is entitled

CARNIVAL LEISURE INDUSTRIES v. Holzman

660 So. 2d 410, 1995 Fla. App. LEXIS 9909, 1995 WL 552386

District Court of Appeal of Florida | Filed: Sep 20, 1995 | Docket: 1755932

Cited 4 times | Published

appellee's motion for attorney's fees pursuant to section 57.105, Florida Statutes (1993). Because we find that

Barnett Bank of Tampa, N.A. v. Maestrelli (In Re Maestrelli)

172 B.R. 368, 8 Fla. L. Weekly Fed. B 206, 1994 Bankr. LEXIS 1470, 1994 WL 518920

United States Bankruptcy Court, M.D. Florida | Filed: Jul 28, 1994 | Docket: 1842279

Cited 4 times | Published

for Costs and Attorney's Fees based on Fla.Stat. § 57.105(1) contending that there was a complete absence

Visoly v. Security Pacific Credit Corp.

625 So. 2d 1276, 1993 Fla. App. LEXIS 10311, 1993 WL 406623

District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 1517518

Cited 4 times | Published

awarding defendant attorney's fees pursuant to section 57.105, Florida Statutes (1989), and awarding interest

Solimando v. Aloha Medical Center

594 So. 2d 850, 1992 WL 35386

District Court of Appeal of Florida | Filed: Feb 28, 1992 | Docket: 1742029

Cited 4 times | Published

order granting attorneys' fees pursuant to section 57.105, Florida Statutes (1989).[1] We grant the petition

Rogers v. Cooper

575 So. 2d 266, 1991 WL 17924

District Court of Appeal of Florida | Filed: Feb 18, 1991 | Docket: 1731392

Cited 4 times | Published

fees, not under Chapter 61, but pursuant to Section 57.105, Florida Statutes. In reversing the award of

Schatz v. Wenaas

510 So. 2d 1125, 12 Fla. L. Weekly 1917

District Court of Appeal of Florida | Filed: Aug 5, 1987 | Docket: 1754211

Cited 4 times | Published

expenses to appellee, John Wenaas pursuant to section 57.105, Florida Statutes (1986). We reverse. This

Sheriff of Alachua County v. Hardie

433 So. 2d 15

District Court of Appeal of Florida | Filed: Jun 1, 1983 | Docket: 1727532

Cited 4 times | Published

the award may stand only if justified under Section 57.105, Florida Statutes (1981), which provides that

Village of Palm Springs v. RETIREMENT BUILDERS

396 So. 2d 196, 1981 Fla. App. LEXIS 18735

District Court of Appeal of Florida | Filed: Feb 4, 1981 | Docket: 1732019

Cited 4 times | Published

exercise of judicial discretion. See for example: F.S. 57.105, which provides the court shall award a reasonable

HARVEY LEE DAVIS and ERIC MCCABE v. KENNETH I. BAILYNSON

268 So. 3d 762

District Court of Appeal of Florida | Filed: Jan 30, 2019 | Docket: 14527252

Cited 3 times | Published

their motion for attorney’s fees pursuant to section 57.105(1), Florida Statutes (2017), seeking fees against

VIRGINIA GIUFFRE v. BRADLEY J. EDWARDS

226 So. 3d 1034, 2017 Fla. App. LEXIS 12473, 42 Fla. L. Weekly Fed. D 1912

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145377

Cited 3 times | Published

resolve a pending motion for sanctions under section 57.105 regardless of a plaintiffs voluntary dismissal

Santiago v. Sunset Core Investments, Inc.

198 So. 3d 658, 2015 Fla. App. LEXIS 17417, 40 Fla. L. Weekly Fed. D 2604

District Court of Appeal of Florida | Filed: Nov 20, 2015 | Docket: 3014410

Cited 3 times | Published

moved for appellate attorneys’ fees pursuant to section 57.105(l)(b), Florida Statutes (2015), based on Santiago’s

Brian Kelly a/k/a Brian K. Kelly v. BankUnited, FSB

159 So. 3d 403, 2015 Fla. App. LEXIS 3956, 2015 WL 1402331

District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 2642460

Cited 3 times | Published

purposes of entitlement to attorneys’ fees under section 57.105(7), Florida Statutes. However, in light of

Melissa McCullough, individually, and McCullough Law Group, P.A. v. Kelly Kubiak, individually, and Merlin Law Group, P.A.

158 So. 3d 739, 2015 Fla. App. LEXIS 2140, 2015 WL 672353

District Court of Appeal of Florida | Filed: Feb 18, 2015 | Docket: 2634846

Cited 3 times | Published

the defendants’ motion for sanctions under section 57.105, Florida Statutes (2013). The plaintiffs argue

Audio Visual Innovations, Inc. v. Spiessbach

119 So. 3d 522, 36 I.E.R. Cas. (BNA) 814, 2013 WL 4253239, 2013 Fla. App. LEXIS 12860

District Court of Appeal of Florida | Filed: Aug 16, 2013 | Docket: 60233635

Cited 3 times | Published

is analogous to the statutory provision in section 57.105, Florida Statutes (2011), which would authorize

Martin County Conservation Alliance v. Martin County

73 So. 3d 856, 2011 Fla. App. LEXIS 17513, 2011 WL 5299370

District Court of Appeal of Florida | Filed: Nov 4, 2011 | Docket: 60303495

Cited 3 times | Published

should not be imposed upon them pursuant to section 57.105(1), Florida Statutes, for filing an appeal

Gerber v. Vincent's Men's Hairstyling, Inc.

57 So. 3d 935, 2011 Fla. App. LEXIS 4354, 2011 WL 1135455

District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60299207

Cited 3 times | Published

motion for attorney’s fees and costs under section 57.105, Florida Statutes (2009). Because the trial

Faller v. Faller

51 So. 3d 1235, 2011 Fla. App. LEXIS 82, 2011 WL 116874

District Court of Appeal of Florida | Filed: Jan 14, 2011 | Docket: 60297520

Cited 3 times | Published

46 So.3d 1175 (Fla. 2d DCA 2010) (motion for section 57.105 attorney’s fees); Berne, 819 So.2d at 237 (answer

Polanco v. Cordeiro

67 So. 3d 235, 2010 Fla. App. LEXIS 13999, 2010 WL 3655514

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 2361547

Cited 3 times | Published

of the system either on its own motion under section 57.105(1), Florida Statutes (2009), see Bierlin v

Ultimate Makeover Salon & Spa, Inc. v. DiFrancesco

41 So. 3d 335, 2010 Fla. App. LEXIS 10586, 2010 WL 2882401

District Court of Appeal of Florida | Filed: Jul 21, 2010 | Docket: 2530203

Cited 3 times | Published

Statutes (2007). On December 17, 2007, pursuant to section 57.105(4), Florida Statutes (2007), defendants informed

CHUE v. Lehman

21 So. 3d 890, 2009 Fla. App. LEXIS 16362, 2009 WL 3618508

District Court of Appeal of Florida | Filed: Nov 4, 2009 | Docket: 1655761

Cited 3 times | Published

and Tax Costs and Motions for Sanctions under section 57.105(1), Florida Statutes (2008). The standard for

Kelley v. State

16 So. 3d 196, 2009 Fla. App. LEXIS 11041, 2009 WL 2392892

District Court of Appeal of Florida | Filed: Aug 6, 2009 | Docket: 1640789

Cited 3 times | Published

Appellee’s motion for attorneys’ fees pursuant to section 57.105, Florida Statutes, and noting that Appellant

Long v. AvMED, INC.

14 So. 3d 1264, 2009 Fla. App. LEXIS 9116, 2009 WL 1940706

District Court of Appeal of Florida | Filed: Jul 8, 2009 | Docket: 1159127

Cited 3 times | Published

motion for appellate attorneys' fees pursuant to section 57.105, Florida Statutes (2007). We find such fees

Hingson v. MMI OF FLORIDA, INC.

8 So. 3d 398, 2009 Fla. App. LEXIS 2218, 2009 WL 691161

District Court of Appeal of Florida | Filed: Mar 18, 2009 | Docket: 1654151

Cited 3 times | Published

thereby abandoning their cross-appeal. [2] Section 57.105(6), Florida Statutes (2002), which applies

Rosenberg v. GABALLA

1 So. 3d 1149, 2009 Fla. App. LEXIS 325, 2009 WL 129611

District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 320508

Cited 3 times | Published

ignorance of the rules. Rosenberg argues that when section 57.105, Florida Statutes (1999), was amended, it rendered

WSG WEST PALM BEACH DEVELOPMENT, LLC v. Blank

990 So. 2d 708

District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 1293250

Cited 3 times | Published

arguing entitlement under the lease agreement and section 57.105(7), Florida Statutes (2006) (allowing reciprocal

Escambia County v. UIL FAMILY LTD.

977 So. 2d 716, 2008 WL 762528

District Court of Appeal of Florida | Filed: Mar 25, 2008 | Docket: 219473

Cited 3 times | Published

subsequent order granting attorney's fees under section 57.105(5), Florida Statutes (2001). Because we find

Gopman v. DEPARTMENT OF EDUC.

974 So. 2d 1208, 2008 WL 482345

District Court of Appeal of Florida | Filed: Feb 25, 2008 | Docket: 1717775

Cited 3 times | Published

find fees should be imposed. *1210 Pursuant to section 57.105(1), Florida Statutes (2007), attorney's fees

Hustad v. Architectural Studio, Inc.

958 So. 2d 569, 2007 WL 1756370

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 2553467

Cited 3 times | Published

the judge that the matter before him was a section 57.105 motion, he questioned how appellant's counsel

Burgos v. Burgos

948 So. 2d 918, 2007 WL 461302

District Court of Appeal of Florida | Filed: Feb 14, 2007 | Docket: 1765255

Cited 3 times | Published

fees to appellee, Jose A. Burgos, pursuant to section 57.105, Florida Statutes (2005). We reverse. Appellants

Ratigan v. Stone

947 So. 2d 607, 2007 WL 57572

District Court of Appeal of Florida | Filed: Jan 10, 2007 | Docket: 1720238

Cited 3 times | Published

a sanction to the former wife, pursuant to section 57.105, Florida Statutes (2002). See 57.105, Fla.

Thomas v. Patton

939 So. 2d 139, 2006 WL 2612690

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1237314

Cited 3 times | Published

grant attorney's fees to appellees pursuant to section 57.105(1)(b), Florida Statutes (2005). After oral

Smith v. Gore

933 So. 2d 567, 2006 WL 658895

District Court of Appeal of Florida | Filed: Mar 17, 2006 | Docket: 2547900

Cited 3 times | Published

Appellees now move for attorney's fees pursuant to section 57.105, Florida Statutes (2005). We grant the motion

Dunn v. Kean

928 So. 2d 383, 2006 WL 616059

District Court of Appeal of Florida | Filed: Mar 14, 2006 | Docket: 2556507

Cited 3 times | Published

Appellee moves for attorney's fees pursuant to section 57.105, Florida Statutes (2005), which enables this

Inland Dredging Co. v. Panama City Port Authority

406 F. Supp. 2d 1277, 2005 U.S. Dist. LEXIS 37469, 2005 WL 3577138

District Court, N.D. Florida | Filed: Dec 28, 2005 | Docket: 2193628

Cited 3 times | Published

contractual fee provisions in some circumstances. See § 57.105(7), Fla. Stat. (2005). The issue, then, is whether

In Re Forfeiture of 1997 Jeep Cherokee

898 So. 2d 223, 2005 WL 597518

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 1448082

Cited 3 times | Published

denying Allen's claim for fees under section 57.105. Section 57.105(1) allows the court to award a reasonable

Moss v. Moss

901 So. 2d 177, 2005 WL 562757

District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 1666199

Cited 3 times | Published

Husband's request for attorney's fees under section 57.105, Florida Statutes (2002), finding that this

Harrelson v. Hensley

891 So. 2d 635, 2005 WL 176608

District Court of Appeal of Florida | Filed: Jan 28, 2005 | Docket: 1704371

Cited 3 times | Published

order granting attorney's fees pursuant to section 57.105 of the Florida Statutes against Harrelson and

Jeyanandarajan v. Freedman

863 So. 2d 432, 2003 WL 23095002

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1728645

Cited 3 times | Published

their claim for attorney's fees incurred under section 57.105, Florida Statutes (2002). On June 24, 2002

Goldberg v. Watts

864 So. 2d 59, 2003 WL 22927370

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 2566098

Cited 3 times | Published

argued that the award in this case is based on section 57.105, Florida Statutes (2002), allowing attorney's

Subway Restaurants, Inc. v. Thomas

860 So. 2d 462, 2003 Fla. App. LEXIS 16194, 2003 WL 22445042

District Court of Appeal of Florida | Filed: Oct 29, 2003 | Docket: 454722

Cited 3 times | Published

attorney's fees to Homer Thomas pursuant to section 57.105(6), Florida Statutes (2002). We reverse. Subway

In Re Cope

848 So. 2d 301, 2003 WL 21229732

Supreme Court of Florida | Filed: May 29, 2003 | Docket: 1309441

Cited 3 times | Published

is entitled to recover attorneys' fees under section 57.105, Florida Statutes (2002), because the charges

Lazy Flamingo, USA, Inc. v. Greenfield

834 So. 2d 413, 2003 WL 131723

District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 1697609

Cited 3 times | Published

bases: Florida Rule of Civil Procedure 1.730(c); section 57.105, Florida Statutes (2001); and an attorney's

Stagl v. Bridgers

807 So. 2d 177, 2002 WL 220026

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 196056

Cited 3 times | Published

James E. Bridgers, attorney's fees pursuant to section 57.105, Florida Statutes (1997). We reverse. An award

Cardona v. Benton Exp., Inc.

804 So. 2d 505, 2001 WL 1644394

District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 2410027

Cited 3 times | Published

defendants' request for attorney's fees pursuant to section 57.105, Florida Statutes. At the time the complaint

Arenas v. City of Coleman

791 So. 2d 1234, 2001 WL 929814

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 1228901

Cited 3 times | Published

his motion for attorney's fees pursuant to section 57.105, Florida Statutes (1997) following the City

Valdes v. Lovaas

784 So. 2d 474, 2001 WL 245923

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 1744022

Cited 3 times | Published

attorney's fees to the plaintiff/appellee under section 57.105, Florida Statutes (1995).[1] The order on appeal

Anderson Columbia Co., Inc. v. STATE DEPT. OF TRANS.

744 So. 2d 1206, 1999 Fla. App. LEXIS 14836, 1999 WL 1014937

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 1381029

Cited 3 times | Published

Florida's reciprocal attorney fee statute, section 57.105(2), Florida Statutes (1995), which provides

Citizens First National Bank v. Hunter (In Re Hunter)

243 B.R. 824, 12 Fla. L. Weekly Fed. B 377, 1999 Bankr. LEXIS 1228, 35 Bankr. Ct. Dec. (CRR) 8, 1999 WL 1397979

United States Bankruptcy Court, M.D. Florida | Filed: Sep 22, 1999 | Docket: 1112362

Cited 3 times | Published

creditor and the debtor." Id. Florida Statutes § 57.105(2) provides as follows: If a contract contains

Tri-County v. Cpt

740 So. 2d 573

District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 1456936

Cited 3 times | Published

should be awarded attorney's fees pursuant to F.S. 57.105." After a non-jury trial, the trial court entered

Karve Family Ltd. Partnership v. Mowji (In Re Mowji)

228 B.R. 321, 33 Bankr. Ct. Dec. (CRR) 904, 1999 Bankr. LEXIS 1, 1999 WL 5354

United States Bankruptcy Court, M.D. Florida | Filed: Jan 4, 1999 | Docket: 1112444

Cited 3 times | Published

awarding attorney's fees pursuant to Florida Statutes § 57.105(2). 11. A trial in the adversary proceeding was

Widmer v. Caldwell

714 So. 2d 1128, 1998 WL 390802

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 1513785

Cited 3 times | Published

appellees moved to tax attorneys' fees pursuant to section 57.105, Florida Statutes (1995). The trial court granted

Daniels v. Reeves

712 So. 2d 839, 1998 WL 377746

District Court of Appeal of Florida | Filed: Jul 9, 1998 | Docket: 2556294

Cited 3 times | Published

attorney fees to appellee, apparently pursuant to section 57.105, Florida Statutes (1995). Notwithstanding appellant's

Glisson v. JACKSONVILLE TRANSP. AUTHORITY

705 So. 2d 136, 1998 WL 44624

District Court of Appeal of Florida | Filed: Feb 6, 1998 | Docket: 67030

Cited 3 times | Published

to pay attorney fees to appellee pursuant to section 57.105, Florida Statutes (1991). Because the trial

Fernandez v. CHIRO RISK MANAGEMENT INC.

700 So. 2d 65, 1997 WL 591865

District Court of Appeal of Florida | Filed: Sep 24, 1997 | Docket: 2577015

Cited 3 times | Published

awarded attorney's fees of $18,881.50 pursuant to section 57.105, Florida Statutes. Finally, appellee SBS was

Kurzweil v. Larkin Hosp. Operating Co.

684 So. 2d 901, 1996 WL 734495

District Court of Appeal of Florida | Filed: Dec 26, 1996 | Docket: 1740711

Cited 3 times | Published

to the hospital would be appropriate under section 57.105, Florida Statutes (1993). L.H.O.C. argues on

NATIONAL ENVIRONMENTAL PRODUCTS v. Falls

678 So. 2d 869, 1996 Fla. App. LEXIS 8864, 1996 WL 471148

District Court of Appeal of Florida | Filed: Aug 21, 1996 | Docket: 1470524

Cited 3 times | Published

award of attorney's fees pursuant to section 57.105. See § 57.105, Fla. Stat. (1995). NEP claims that

Bruce v. Barcomb

675 So. 2d 219, 1996 WL 303082

District Court of Appeal of Florida | Filed: Jun 7, 1996 | Docket: 1323140

Cited 3 times | Published

were also entitled to such fees pursuant to section 57.105(1), Florida Statutes (1993). The plaintiffs

Morrone v. STATE FARM FIRE & CAS. INS.

664 So. 2d 972, 1995 WL 325774

District Court of Appeal of Florida | Filed: May 31, 1995 | Docket: 1229560

Cited 3 times | Published

our conclusion that this appeal is frivolous. Section 57.105, Florida Statutes provides that a court "shall"

Fairview Properties v. Pate Const. Co.

638 So. 2d 998, 1994 WL 261330

District Court of Appeal of Florida | Filed: Jun 15, 1994 | Docket: 1169328

Cited 3 times | Published

its motion for attorney's fees pursuant to section 57.105, Florida Statutes (1993). We affirm the denial

KAHN FOR USE & BEN. OF AMICA v. Kahn

630 So. 2d 223, 1994 WL 1267

District Court of Appeal of Florida | Filed: Jan 4, 1994 | Docket: 1519590

Cited 3 times | Published

final judgment assessing attorney's fees under section 57.105(1), Florida Statutes (1991). We reverse. Amica

Sykes v. St. Andrews School

625 So. 2d 1317, 1993 WL 446225

District Court of Appeal of Florida | Filed: Nov 3, 1993 | Docket: 1517538

Cited 3 times | Published

order awarding attorney's fees pursuant to section 57.105, Florida Statutes (1991), which provides that

Thornber v. City of Fort Walton Beach

622 So. 2d 570, 1993 WL 288736

District Court of Appeal of Florida | Filed: Aug 4, 1993 | Docket: 1529017

Cited 3 times | Published

litigating the entitlement to such fees based upon section 57.105, Florida Statutes, 568 So.2d at 919. The supreme

Transflorida Bank v. Miller

576 So. 2d 752, 1991 WL 18232

District Court of Appeal of Florida | Filed: Apr 1, 1991 | Docket: 1242929

Cited 3 times | Published

appeal involve attorney's fees awarded under section 57.105(1), Florida Statutes. As for those issues,

Hagans Co. v. Manla

534 So. 2d 750, 1988 WL 117590

District Court of Appeal of Florida | Filed: Nov 8, 1988 | Docket: 1707615

Cited 3 times | Published

for attorney's fees, requested pursuant to section 57.105, Florida Statutes (1985), or section 448.08

Johnson & Bailey Architects, PC v. Southeast Brake Corp.

517 So. 2d 776, 13 Fla. L. Weekly 161, 1988 Fla. App. LEXIS 105, 1988 WL 342

District Court of Appeal of Florida | Filed: Jan 6, 1988 | Docket: 540900

Cited 3 times | Published

awarded attorney's fees to Southeast under section 57.105, Florida Statutes (1986). We find that it was

Naples Airport Auth. v. Collier Dev.

515 So. 2d 1058, 1987 WL 1807

District Court of Appeal of Florida | Filed: Nov 25, 1987 | Docket: 1467464

Cited 3 times | Published

law or fact raised by the airport authority. See § 57.105, Fla. Stat. (1985). On the other hand, if CDC

Glover v. School Bd. of Hillsborough County

462 So. 2d 116, 22 Educ. L. Rep. 1053

District Court of Appeal of Florida | Filed: Jan 18, 1985 | Docket: 1509989

Cited 3 times | Published

of Florida (1941)). Appellant, pursuant to section 57.105, Florida Statutes (1983), sought an additional

Pier 1 Cruise Experts, Corp. v. Revelex Corp.

929 F.3d 1334

Court of Appeals for the Eleventh Circuit | Filed: Jul 11, 2019 | Docket: 15905961

Cited 2 times | Published

attorneys'-fee provisions. In particular, Florida Statute § 57.105(7) provides that- [i]f a contract contains

KATRINA BUSHNELL v. PORTFOLIO RECOVERY ASSOC., L L C

255 So. 3d 473

District Court of Appeal of Florida | Filed: Sep 14, 2018 | Docket: 7877934

Cited 2 times | Published

collection action and the reciprocity provision in section 57.105(7), Florida Statutes (2015). The trial court

Romaguera v. Trust Mortgage LLC

238 So. 3d 394

District Court of Appeal of Florida | Filed: Jan 17, 2018 | Docket: 6261375

Cited 2 times | Published

on provisions of the note and mortgage and section 57.105(7), Florida Statutes (2015). The trial court

MINTO PBLH, LLC v. 1000 FRIENDS OF FLORIDA, INC.

228 So. 3d 147, 2017 WL 4679605

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171806

Cited 2 times | Published

denying its motion for attorney’s fees under both section 57.105 and section 163.3215(6), Florida Statutes,

Bank of New York Mellon Trust Co. v. Fitzgerald

215 So. 3d 116, 2017 WL 815352, 2017 Fla. App. LEXIS 2757

District Court of Appeal of Florida | Filed: Mar 1, 2017 | Docket: 4611982

Cited 2 times | Published

(“Fitzgerald”) pursuant to the reciprocity provision of section 57.105(7), Florida Statutes (2014). Because Fitzgerald

Preudhomme v. Bailey

211 So. 3d 127, 2017 Fla. App. LEXIS 1150

District Court of Appeal of Florida | Filed: Feb 1, 2017 | Docket: 60262537

Cited 2 times | Published

husband sought attorney’s fees pursuant to section 57.105, Florida Statutes, and Florida Civil Rule of

Adrianna Mihalyi v. LaSalle Bank, N.A.

162 So. 3d 113, 2014 Fla. App. LEXIS 17641, 2014 WL 5460617

District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 1453574

Cited 2 times | Published

prevailing party attorney’s fees pursuant to section 57.105(7), Florida Statutes (2007), and the attorney’s

Advanced Chiropractic and Rehabilitation Center, Corp. v. United Automobile Insurance Co.

140 So. 3d 529, 39 Fla. L. Weekly Supp. 360, 2014 WL 2208895, 2014 Fla. LEXIS 1743

Supreme Court of Florida | Filed: May 29, 2014 | Docket: 795933

Cited 2 times | Published

to plead a claim for attorney’s fees under section 57.105(1), Florida Statutes (1991), which allows fees

Badgley v. Suntrust Mortgage, Inc.

134 So. 3d 559, 2014 Fla. App. LEXIS 3752, 39 Fla. L. Weekly Fed. D 554

District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60239283

Cited 2 times | Published

her and her attorney, Kelley Boseeker, under section 57.105(1), Florida Statutes. Her arguments on appeal

Shelly L. Hall, M.D., P.A. v. White

97 So. 3d 907, 2012 WL 3709009, 2012 Fla. App. LEXIS 14328

District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60312000

Cited 2 times | Published

erroneously taxed the entire amount of fees under section 57.105, Florida Statutes, $7,913.75, against her alone

Miccosukee Tribe of Indians v. Bermudez

92 So. 3d 232, 2012 WL 1859004, 2012 Fla. App. LEXIS 8148

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60310169

Cited 2 times | Published

attorney fees against Lewis Tein, PL, pursuant to section 57.105(2) of the Florida Statutes (2011), for discovery

Jacobson v. Sklaire

92 So. 3d 228, 2012 WL 1414447, 2012 Fla. App. LEXIS 6373

District Court of Appeal of Florida | Filed: Apr 25, 2012 | Docket: 60310168

Cited 2 times | Published

purpose of awarding sanctions against them under section 57.105 of the Florida Statutes (1999). We, of course

Airan2 v. Cadence Bank, N.A.

85 So. 3d 506, 2012 WL 880651, 2012 Fla. App. LEXIS 4171

District Court of Appeal of Florida | Filed: Mar 16, 2012 | Docket: 60307374

Cited 2 times | Published

N.A. (Cadence), as a sanction pursuant to section 57.105, Florida Statutes (2009). The trial court entered

McClune v. McClune

79 So. 3d 194, 2012 WL 407099, 2012 Fla. App. LEXIS 1933

District Court of Appeal of Florida | Filed: Feb 10, 2012 | Docket: 2355198

Cited 2 times | Published

Former Husband responded with a motion for section 57.105 attorney's fees, asserting in part: 6. The

Deutsche Bank National Trust Co. v. Basanta

88 So. 3d 216, 2011 WL 4950007, 2011 Fla. App. LEXIS 16502

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 60308199

Cited 2 times | Published

have conceded error on this issue on appeal. See § 57.105 Fla. Stat. (2010); Sullivan v. Sullivan, 54 So

Sullivan v. Sullivan

54 So. 3d 520, 2010 Fla. App. LEXIS 19450, 2010 WL 5174330

District Court of Appeal of Florida | Filed: Dec 22, 2010 | Docket: 2407163

Cited 2 times | Published

motion for appellate attorney's fees pursuant to section 57.105, Florida Statutes (2010). The parties' marriage

Kurgan v. Morton D. Weiner/AMPAC, Inc.

49 So. 3d 342, 2010 Fla. App. LEXIS 19434, 2010 WL 5184957

District Court of Appeal of Florida | Filed: Dec 22, 2010 | Docket: 60296736

Cited 2 times | Published

appellee Morton D. Weiner/AMPAC, Inc., under section 57.105, Florida Statutes (2009). Based on appel-lee’s

Kaplus v. Lorenzo in (In Re Lorenzo)

434 B.R. 695, 22 Fla. L. Weekly Fed. B 551, 2010 Bankr. LEXIS 2260, 2010 WL 2899053

United States Bankruptcy Court, M.D. Florida | Filed: Jul 22, 2010 | Docket: 1437744

Cited 2 times | Published

11 U.S.C. Section 523(d). Fla. Stat. § 57.105(7): Section 57.105(7) of the Florida Statutes allows for

APR ENERGY, LLC v. Pakistan Power Resources, LLC

653 F. Supp. 2d 1227, 2009 WL 2762064, 2009 U.S. Dist. LEXIS 77092

District Court, M.D. Florida | Filed: Aug 28, 2009 | Docket: 2246134

Cited 2 times | Published

Plaintiff seeks fees pursuant to Florida Statute § 57.105, which permits the award of attorneys' fees as

Cooper v. Marriott International, Inc.

16 So. 3d 156, 2009 Fla. App. LEXIS 8752, 2009 WL 1872441

District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 1641116

Cited 2 times | Published

attorney’s fees pursuant to a pre-2002 version of section 57.105(1), Florida Statutes, reasoning: It is extremely

Kenniasty v. Bionetics Corporation

10 So. 3d 1183, 2009 Fla. App. LEXIS 7463, 2009 WL 1636266

District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 1642320

Cited 2 times | Published

attorney's fees and costs against each pursuant to Section 57.105, Florida Statutes.[1] We reverse. This case

Perlman v. AMERIQUEST MORTGAGE COMPANY

987 So. 2d 1292, 2008 WL 3914878

District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 1723796

Cited 2 times | Published

Attorney Mark Perlman appeals orders awarding section 57.105 attorney's fees, payable by Perlman and his

In Re Ridley Owens, Inc.

391 B.R. 867, 21 Fla. L. Weekly Fed. B 428, 63 A.L.R. Fed. 2d 725, 2008 Bankr. LEXIS 1978, 2008 WL 2721732

United States Bankruptcy Court, N.D. Florida | Filed: Jul 7, 2008 | Docket: 1491555

Cited 2 times | Published

Court Appointed Attorneys Pursuant to Fla. Stat. § 57.105 (the "Motion," Doc. 62), which was filed by James

Johnson v. Johnson

979 So. 2d 350, 2008 WL 975601

District Court of Appeal of Florida | Filed: Apr 11, 2008 | Docket: 1407196

Cited 2 times | Published

Furthermore, a fee award entered pursuant to section 57.105 of the Florida Statutes (2005) is not available

Bierlin v. Lucibella

955 So. 2d 1206, 2007 WL 1342534

District Court of Appeal of Florida | Filed: May 9, 2007 | Docket: 1659264

Cited 2 times | Published

for attorney's fees under Florida Statutes section 57.105. We reverse. Richard Lucibella filed suit against

Vanderpol v. Frengut

932 So. 2d 1251, 2006 WL 1896386

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 1285428

Cited 2 times | Published

attorney's fees requesting sanctions under section 57.105(1), Florida Statutes (2003), asserting that

Elton v. Dougherty

931 So. 2d 201, 2006 Fla. App. LEXIS 9094, 2006 WL 1559745

District Court of Appeal of Florida | Filed: Jun 9, 2006 | Docket: 64845388

Cited 2 times | Published

assessment of attorney fees for the defending parties. § 57.105, Fla. Stat. (2005). In this case, Elton has determined

Barthlow v. Jett

930 So. 2d 739, 2006 WL 1168803

District Court of Appeal of Florida | Filed: May 4, 2006 | Docket: 1749664

Cited 2 times | Published

Clay County, as sanctions for a violation of section 57.105, Florida Statutes. Because we find the trial

AUGLINK COMMUNICATIONS, INC. v. Canevari

932 So. 2d 338, 2006 WL 435703

District Court of Appeal of Florida | Filed: Feb 24, 2006 | Docket: 1285513

Cited 2 times | Published

also filed a motion for sanctions pursuant to section 57.105, Florida Statutes, which necessarily includes

O'Daniel v. Bd. of Comm. of Monroe County

916 So. 2d 40, 2005 WL 3300956

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 2572476

Cited 2 times | Published

motion for attorney's fees *41 pursuant to section 57.105, Florida Statutes (2003). We affirm. Appellants

Ferrara v. Community Developers, Ltd.

917 So. 2d 907, 30 Fla. L. Weekly Fed. D 2697

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 1509500

Cited 2 times | Published

court's entry of attorney's fees pursuant to section 57.105, Florida Statutes (2004). Ferrara is an attorney

In Re Wille

333 B.R. 891, 2005 Bankr. LEXIS 2197, 2005 WL 3090999

United States Bankruptcy Court, M.D. Florida | Filed: Jun 3, 2005 | Docket: 1513926

Cited 2 times | Published

Florida Statute § 57.105(l)(a) to impose sanctions in this case. Florida Statute § 57.105(l)(a) provides

King v. Florida Parole Commission

898 So. 2d 1100, 2005 Fla. App. LEXIS 4309, 2005 WL 708398

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 1448287

Cited 2 times | Published

existing law or the establishment of new law." § 57.105(1)(b) & (2), Fla. Stat. (2003). We reverse. In

Jaye v. Royal Saxon, Inc.

900 So. 2d 634, 2005 WL 662693

District Court of Appeal of Florida | Filed: Mar 23, 2005 | Docket: 463268

Cited 2 times | Published

with Small and the reciprocity provision in section 57.105, Florida Statutes, and (2) a "Motion for Restitution

Schultz v. Time Warner Entertainment Co.

906 So. 2d 297, 2005 WL 497270

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 1775395

Cited 2 times | Published

decision to award attorney's fees pursuant to section 57.105. We affirm the order finding it contains sufficient

Seminole County v. Koziara

881 So. 2d 83, 2004 WL 1856077

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 1466060

Cited 2 times | Published

fees under either 42 U.S.C. section 1988 or section 57.105, Florida Statutes. Either statute requires

Cheetham v. Brickman

861 So. 2d 82, 2003 WL 22658118

District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 463000

Cited 2 times | Published

an order awarding attorney's fees *83 under section 57.105, Florida Statutes (2002) and costs to the plaintiff

Graef v. Dames & Moore Group, Inc.

857 So. 2d 257, 2003 WL 22080835

District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 1774235

Cited 2 times | Published

Moore Group, Inc. (Dames & Moore), pursuant to section 57.105(1), Florida Statutes (1993). Because Dames

DEPT. OF CHILDREN AND FAMILY SERV. v. Carter

851 So. 2d 197, 2003 Fla. App. LEXIS 9245

District Court of Appeal of Florida | Filed: Jun 20, 2003 | Docket: 1691424

Cited 2 times | Published

action for each of the appellees pursuant to section 57.105, Florida Statutes (2001). We hold that attorneys'

Bisson v. Arellano

844 So. 2d 648, 2003 WL 244832

District Court of Appeal of Florida | Filed: Feb 5, 2003 | Docket: 1197398

Cited 2 times | Published

final judgment awarding attorney's fees under section 57.105, Florida Statutes (1995), insofar as it awards

Bal Bay Realty, Ltd. v. Pepsomers Corp.

833 So. 2d 320, 2003 WL 51032

District Court of Appeal of Florida | Filed: Jan 8, 2003 | Docket: 1258850

Cited 2 times | Published

several motions for attorney's fees, pursuant to section 57.105(2), in the circuit court after an appeal had

City of Miami Beach v. CHISHOLM PROP. SOUTH BEACH, INC.

830 So. 2d 842

District Court of Appeal of Florida | Filed: Nov 27, 2002 | Docket: 1516836

Cited 2 times | Published

should be imposed against the petitioners under section 57.105, Florida Statutes (2002) and Florida Rule of

Cowgill v. Bank of America

831 So. 2d 241, 2002 WL 31525584

District Court of Appeal of Florida | Filed: Nov 15, 2002 | Docket: 41064

Cited 2 times | Published

attorney's fees to Mickey Cowgill pursuant to section 57.105(1), Florida Statutes (2000), because the Appellants'

O'GRADY v. Potash

824 So. 2d 904, 2002 WL 1173996

District Court of Appeal of Florida | Filed: Jun 5, 2002 | Docket: 1729368

Cited 2 times | Published

from Third Party Plaintiff, Irwin Potash under section 57.105, Florida Statutes (2001)[1]. On the face of

Rosenberg v. Morales

804 So. 2d 622, 2002 WL 180903

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 1699645

Cited 2 times | Published

Rosenberg has moved for sanctions pursuant to section 57.105, Florida Statutes (2000). However, the referral

Hall v. HUMANA HOSPITAL DAYTONA BEACH

733 So. 2d 596, 1999 WL 375575

District Court of Appeal of Florida | Filed: Jun 11, 1999 | Docket: 1188169

Cited 2 times | Published

for an award of attorney fees, pursuant to section 57.105(2). Appellants took an untimely appeal from

Young v. GANASE DHARAMDASS

695 So. 2d 828, 1997 WL 311563

District Court of Appeal of Florida | Filed: Jun 11, 1997 | Docket: 1521982

Cited 2 times | Published

Company's motion for attorney's fees under section 57.105, Florida Statutes (1995). We reverse. As a

Special's Trading v. Intern. Consumer

679 So. 2d 369, 1996 WL 526250

District Court of Appeal of Florida | Filed: Sep 18, 1996 | Docket: 1214612

Cited 2 times | Published

entitlement to fees is not eliminated under section 57.105 or 768.79. Again, section 768.79(6) contains

STATE DEPT. OF REVENUE v. Loveday

659 So. 2d 1239, 1995 WL 502154

District Court of Appeal of Florida | Filed: Aug 25, 1995 | Docket: 1748213

Cited 2 times | Published

also requested attorney's fees pursuant to section 57.105, Florida Statutes (1993). Before the hearing

Brahmbhatt v. Allstate Indemnity Co.

655 So. 2d 1264, 1995 WL 322849

District Court of Appeal of Florida | Filed: May 31, 1995 | Docket: 1696952

Cited 2 times | Published

and attorney's fees be assessed pursuant to section 57.105, Florida Statutes. See Heilman v. Amerifirst

Skubal v. Cooley

650 So. 2d 169, 1995 WL 46556

District Court of Appeal of Florida | Filed: Feb 8, 1995 | Docket: 1702962

Cited 2 times | Published

less stringent than the bad faith standard of section 57.105, Florida Statutes (1993). Ciarmello v. D'Ambra

Jacobs v. Jacobs

633 So. 2d 30, 1994 WL 20932

District Court of Appeal of Florida | Filed: Jan 28, 1994 | Docket: 1707985

Cited 2 times | Published

plaintiff below, Mary B. Jacobs, pursuant to section 57.105(1), Florida Statutes (1987). Mary Jacobs unsuccessfully

BankAtlantic v. Blythe Eastman Paine Webber, Inc.

955 F.2d 1467, 1992 WL 41265

Court of Appeals for the Eleventh Circuit | Filed: Mar 23, 1992 | Docket: 66270409

Cited 2 times | Published

Rule of Civil Procedure 1110 and Florida Statutes § 57.105.11 The motion alleged that BankÁtlantic and its

Key West Polo Club Dev., Inc. v. Towers Const. Co.

589 So. 2d 917, 1991 WL 152903

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 224260

Cited 2 times | Published

Friedman, 545 So.2d 417 (Fla.3d DCA 1989). Section 57.105 authorizes an award of reasonable attorney's

Mitchell v. Schindler Haughton Elevator Co.

587 So. 2d 636, 1991 Fla. App. LEXIS 10139, 1991 WL 205838

District Court of Appeal of Florida | Filed: Oct 15, 1991 | Docket: 1713839

Cited 2 times | Published

of an award of attorney's fees pursuant to section 57.105, Florida Statutes (1989). We reverse. One day

Winner v. Cataldo

559 So. 2d 696, 1990 Fla. App. LEXIS 2437, 1990 WL 40340

District Court of Appeal of Florida | Filed: Apr 10, 1990 | Docket: 64649637

Cited 2 times | Published

(1985). The trial judge did not rule on the Section 57.105 request, but instead granted attorney’s fees

Xerox Corp. v. Sharifi

502 So. 2d 1003, 12 Fla. L. Weekly 579

District Court of Appeal of Florida | Filed: Feb 19, 1987 | Docket: 1657775

Cited 2 times | Published

applied for and was awarded attorney's fees under section 57.105, Florida Statutes (1985). This appeal is from

Xerox Corp. v. Sharifi

502 So. 2d 1003, 12 Fla. L. Weekly 579

District Court of Appeal of Florida | Filed: Feb 19, 1987 | Docket: 1657775

Cited 2 times | Published

applied for and was awarded attorney's fees under section 57.105, Florida Statutes (1985). This appeal is from

Salfi v. Ising

464 So. 2d 687, 10 Fla. L. Weekly 581

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1193513

Cited 2 times | Published

opponent under section 57.105. AFFIRMED. ORFINGER and SHARP, JJ., concur. NOTES [1] § 57.105, Fla. Stat

DEXTER F. GEORGE v. NATHANIEL GILBERT and SUJITTAR SINGH

268 So. 3d 780

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560239

Cited 1 times | Published

was issued upon the court’s own motion under section 57.105, Florida Statutes (2017). In support of that

Lisa Rawson v. Gulf Coast Property Management Co., Inc.

261 So. 3d 721

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409769

Cited 1 times | Published

attorney’s fees and costs filed pursuant to section 57.105, Florida Statutes. Because there was no legal

Lisa Rawson v. Gulf Coast Property Management Co., Inc.

261 So. 3d 721

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409769

Cited 1 times | Published

attorney’s fees and costs filed pursuant to section 57.105, Florida Statutes. Because there was no legal

MARK W. RICKARD, P.A., d/b/a LAW GUARD v. NATURE'S SLEEP FACTORY DIRECT, LLC.

261 So. 3d 567

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8109844

Cited 1 times | Published

Nature’s Sleep (“NS”) appeal the denial of their section 57.105(1)(b), Florida Statutes (2017) sanctions motion

Roberts v. PNC Bank

263 So. 3d 119

District Court of Appeal of Florida | Filed: Oct 16, 2018 | Docket: 8087549

Cited 1 times | Published

attorney (fifty percent) in accordance with section 57.105, Florida Statutes (2015). Appellants and their

Azalea Trace, Inc. v. Nora Matos and Arnold Eskin

249 So. 3d 699

District Court of Appeal of Florida | Filed: Jun 4, 2018 | Docket: 7024347

Cited 1 times | Published

us) with just one asserted basis for fees: section 57.105(7), Florida Statutes, which is the focus of

Radosevich v. Bank of New York Mellon

245 So. 3d 877

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354227

Cited 1 times | Published

costs as the prevailing party, pursuant to section 57.105(7), Florida Statutes2 and a prevailing party

Kelly v. HSBC Bank USA

240 So. 3d 107

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318519

Cited 1 times | Published

to impose sanctions against him pursuant to section 57.105, Florida Statutes (2017).1 In his complaint

Bennett v. Mortgage Electronic Registration Systems, Inc.

230 So. 3d 100

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148141

Cited 1 times | Published

were entitled to attorney’s fees based ■ on section 57.105 of the Florida Statutes. At . oral argument

Chandler v. KCCS, Inc.

224 So. 3d 929, 2017 Fla. App. LEXIS 12363, 2017 WL 3721816

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145450

Cited 1 times | Published

order awarding KCCS, Inc., fees pursuant to section 57.105(1), Florida Statutes (2016). We affirm the

Volkswagen Aktiengesellschaft v. Jones

227 So. 3d 150, 2017 WL 2180984, 2017 Fla. App. LEXIS 6958

District Court of Appeal of Florida | Filed: May 17, 2017 | Docket: 6062499

Cited 1 times | Published

motion and moved for sanctions pursuant to section 57.105, Florida Statutes (2014); she submitted a supporting

Olson v. Pickett Downs Unit IV Homeowner's Ass'n

205 So. 3d 869, 2016 Fla. App. LEXIS 17883

District Court of Appeal of Florida | Filed: Dec 2, 2016 | Docket: 4550612

Cited 1 times | Published

305(1), as well as the reciprocity provisions of section 57.105(7), Florida Statutes (2011). Following

Bank of New York Mellon v. Poker Run Acquisitions, Inc.

208 So. 3d 199, 2016 Fla. App. LEXIS 16662

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486862

Cited 1 times | Published

contending that it was the prevailing party under section 57.105(7), Florida Statutes (2013). The trial court

Bank of New York Mellon v. Poker Run Acquisitions, Inc.

208 So. 3d 199, 2016 Fla. App. LEXIS 16662

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486862

Cited 1 times | Published

contending that it was the prevailing party under section 57.105(7), Florida Statutes (2013). The trial court

Trust Mortgage, LLC v. Dina Ferlanti and Anthony Ferlanti

193 So. 3d 997, 2016 WL 3065669, 2016 Fla. App. LEXIS 8344

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071344

Cited 1 times | Published

sanctions (payment of his attorneys’ fees) under section 57.105, Florida Statutes (2015). The trial court granted

HFC Collection Center, Inc. v. Alexander

190 So. 3d 1114, 2016 WL 1600324, 2016 Fla. App. LEXIS 6149

District Court of Appeal of Florida | Filed: Apr 22, 2016 | Docket: 3061471

Cited 1 times | Published

basis for awarding fees to her pursuant to section 57.105(7), Florida Statutes (2012). HFC is correct

Tedrow v. Cannon

186 So. 3d 43, 2016 Fla. App. LEXIS 2391, 2016 WL 670348

District Court of Appeal of Florida | Filed: Feb 19, 2016 | Docket: 3037723

Cited 1 times | Published

material facts or the existing law. See § 57.105(1), Fla. Stat. (2012). Tedrow and Bryant contend

In the Interest of A.T.H.

180 So. 3d 1212, 2015 Fla. App. LEXIS 18646, 2015 WL 8558301

District Court of Appeal of Florida | Filed: Dec 14, 2015 | Docket: 60252299

Cited 1 times | Published

filing a frivolous appeal, as proscribed by section 57.105(1), Florida Statutes (2014), and for failing

Garcia v. Collazo

178 So. 3d 429, 2015 Fla. App. LEXIS 14031, 2015 WL 5612889

District Court of Appeal of Florida | Filed: Sep 24, 2015 | Docket: 2851137

Cited 1 times | Published

against Garcia and his counsel pursuant to- section 57.105, Florida Statutes (2015), ánd Rule 9.410 of

Blue Infiniti, LLC and Jorge Diaz-Cueto v. Annette Cassells Wilson and Ricky Wilson

170 So. 3d 136, 2015 Fla. App. LEXIS 10400

District Court of Appeal of Florida | Filed: Jul 8, 2015 | Docket: 2679206

Cited 1 times | Published

party and motion for sanctions pursuant to section 57.105, Florida Statutes (2013). Blue Infiniti argues

Shirley's Personal Care Services of Okeechobee, Inc. v. Boswell

165 So. 3d 824, 2015 Fla. App. LEXIS 8470, 2015 WL 3480289

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 60248243

Cited 1 times | Published

based on the contract’s provision for fees, and section 57.105(7), Florida Statutes (2013), which allows for

Bank of New York Mellon v. Mestre

159 So. 3d 953, 2015 Fla. App. LEXIS 3585, 2015 WL 1071113

District Court of Appeal of Florida | Filed: Mar 13, 2015 | Docket: 60246714

Cited 1 times | Published

motion for attorney’s fees, the Mestres cited to section 57.105(7), Florida Statutes, which provides: If a

Faddis v. City of Homestead

157 So. 3d 447, 2015 Fla. App. LEXIS 1790

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633394

Cited 1 times | Published

necessary to resolve this matter is, of course, section 57.105 of the Florida Statutes (2010). The statute

Van Vechten v. Anyzeski

157 So. 3d 350, 2015 Fla. App. LEXIS 722, 2015 WL 248731

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 60246058

Cited 1 times | Published

inherent authority of [the] Court and Florida Statute § 57.105, order [the beneficiary] to pay [the trustee’s]

Frischer v. Quintana

151 So. 3d 491, 2014 Fla. App. LEXIS 14954, 2014 WL 4723585

District Court of Appeal of Florida | Filed: Sep 24, 2014 | Docket: 1330441

Cited 1 times | Published

and prejudgment interest as a sanction under section 57.105, Florida Statutes (2011), and denying him costs

Law Offices of Lynn W. Martin, P.A. v. Madson

144 So. 3d 707, 2014 Fla. App. LEXIS 13091, 2014 WL 4159995

District Court of Appeal of Florida | Filed: Aug 22, 2014 | Docket: 60242544

Cited 1 times | Published

to the appellee, Torben Severin Madson, III. Section 57.105, Florida Statutes (2013), provides, in part:

Law Offices of Lynn W. Martin, P.A. v. Madson

144 So. 3d 707, 2014 Fla. App. LEXIS 13091, 2014 WL 4159995

District Court of Appeal of Florida | Filed: Aug 22, 2014 | Docket: 60242544

Cited 1 times | Published

to the appellee, Torben Severin Madson, III. Section 57.105, Florida Statutes (2013), provides, in part:

George Jackmore v. In Re: Estate of William Jackmore, etc.

145 So. 3d 170

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 368120

Cited 1 times | Published

imposing sanctions against him pursuant to section 57.105, Florida Statutes (2011). We affirm the trial

Lopez v. State Farm Mutual Automobile

139 So. 3d 402, 2014 WL 2116366, 2014 Fla. App. LEXIS 7709

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60241091

Cited 1 times | Published

pursuant to chapter 627, Florida Statutes and section 57.105, Florida Statutes. State Farm answered and

Orlando/Orange County Expressway v. Tuscan Ridge, LLC

137 So. 3d 1154, 2014 WL 1325670, 2014 Fla. App. LEXIS 5010

District Court of Appeal of Florida | Filed: Apr 4, 2014 | Docket: 60240195

Cited 1 times | Published

them over and above the statutory fee. See, e.g., § 57.105(2), Fla. Stat. (2013) (when any action is taken

Palm Beach Polo Holdings, Inc. v. Stewart Title Guaranty Co.

132 So. 3d 858, 2014 Fla. App. LEXIS 145, 2014 WL 51697

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238552

Cited 1 times | Published

seeking sanctions against the insured under section 57.105, Florida Statutes (2010), for filing the new

Tesla Electric, Armature & Machine, Inc. v. JLM Advanced Technical Services, Inc.

128 So. 3d 865, 2013 WL 6480980

District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60237182

Cited 1 times | Published

merit in JLM’s claim for attorney’s fees under section 57.105(7), Florida Statutes (2012). However, we reverse

H. Allen Holmes, Inc. v. Jim Molter, Inc.

127 So. 3d 695, 2013 WL 6081768, 2013 Fla. App. LEXIS 18429

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60236812

Cited 1 times | Published

against the landlord’s breach of contract claim. See § 57.105(7), Fla. Stat. (2012) (“If a contract contains

Ocean Bank v. Caribbean Towers Condominium Ass'n

121 So. 3d 1087, 2013 WL 4081702, 2013 Fla. App. LEXIS 12725

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60234316

Cited 1 times | Published

faith its entitlement to attorney’s fees under section 57.105 before the case is ended.”). In this case,

Sacket v. Sacket

115 So. 3d 1069, 2013 WL 3014118, 2013 Fla. App. LEXIS 9620

District Court of Appeal of Florida | Filed: Jun 19, 2013 | Docket: 60232076

Cited 1 times | Published

and because of the language contained in Florida Statute 57.105(7) making a provision for attorney’s fees

Kunsman v. Wall

125 So. 3d 868, 2013 WL 1442057, 2013 Fla. App. LEXIS 5702

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60236099

Cited 1 times | Published

835, 838 (Fla.1991). Further, in regard to section 57.105 fees, Wall failed to provide Kunsman with twenty-one

Kunsman v. Wall

125 So. 3d 868, 2013 WL 1442057, 2013 Fla. App. LEXIS 5702

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60236099

Cited 1 times | Published

835, 838 (Fla.1991). Further, in regard to section 57.105 fees, Wall failed to provide Kunsman with twenty-one

Rocka Fuerta Construction Inc. v. Southwick, Inc.

103 So. 3d 1022, 2012 Fla. App. LEXIS 22160, 2012 WL 6719470

District Court of Appeal of Florida | Filed: Dec 28, 2012 | Docket: 60226852

Cited 1 times | Published

of the order granting sanctions pursuant to section 57.105, Florida Statutes (2010). Rocka completed several

Robbins v. Rayonier Forest Resources, L.P.

102 So. 3d 737, 2012 Fla. App. LEXIS 21434, 2012 WL 6199971

District Court of Appeal of Florida | Filed: Dec 13, 2012 | Docket: 60226773

Cited 1 times | Published

assessing attorney’s fees as a sanction under section 57.105, Florida Statutes (2010), based upon, as found

Shuck v. Smalls

101 So. 3d 924, 2012 Fla. App. LEXIS 20886, 2012 WL 6027820

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60226488

Cited 1 times | Published

prejudgment interest, awarded attorney’s fees under section 57.105 from the inception of the case, and assessed

Department of Revenue, Child Support Enforcement v. Cessford

100 So. 3d 1199, 2012 Fla. App. LEXIS 19541, 2012 WL 5458066

District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225561

Cited 1 times | Published

determine paternity and support pursuant to section 57.105, Florida Statutes (2010). See § 742.045, Fla

McPherson v. Bittner

126 So. 3d 1230, 2012 WL 5232293, 2012 Fla. App. LEXIS 18499

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60236271

Cited 1 times | Published

mention appellate fees. For instance, although section 57.105, permitting the assessment of attorney’s fees

Stratton v. 6000 Indian Creek, LLC

95 So. 3d 334, 2012 WL 3022850, 2012 Fla. App. LEXIS 11965

District Court of Appeal of Florida | Filed: Jul 25, 2012 | Docket: 60311187

Cited 1 times | Published

the attorney’s fees and costs awards under section 57.105(1), Florida Statutes (2010), so that Lesman

Florida Houndsmen Ass'n v. State, Fish & Wildlife Conservation Commission

134 So. 3d 999, 2012 WL 2018848, 2012 Fla. App. LEXIS 9076

District Court of Appeal of Florida | Filed: Jun 6, 2012 | Docket: 60239392

Cited 1 times | Published

Commission (FWC), motion for attorney’s fees under section 57.105(1), Florida Statutes (2010), and the motion

Regions Bank v. Gad

102 So. 3d 666, 2012 WL 516168, 2012 Fla. App. LEXIS 2466

District Court of Appeal of Florida | Filed: Feb 17, 2012 | Docket: 60226736

Cited 1 times | Published

Appellee, Sarwat M. Gad, apparently, pursuant to section 57.105, Florida Statutes (2009). We affirm the dismissal

Kenniasty v. Bionetics Corp.

82 So. 3d 1071, 2011 Fla. App. LEXIS 20068, 2011 WL 6258823

District Court of Appeal of Florida | Filed: Dec 16, 2011 | Docket: 1366803

Cited 1 times | Published

attorney's fees and costs against each pursuant to Section 57.105, Florida Statutes.[1] We affirm in part and

Sexton v. Ferguson

79 So. 3d 51, 2011 Fla. App. LEXIS 18098, 2011 WL 5554809

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 60305340

Cited 1 times | Published

TAYLOR, J. The issue in this appeal is whether section 57.105(1), Florida Statutes, authorizes an attorney’s

Korte v. US BANK NAT. ASS'N

64 So. 3d 134

District Court of Appeal of Florida | Filed: Jun 8, 2011 | Docket: 2364621

Cited 1 times | Published

affirm. This case concerns the applicability of section 57.105, Florida Statutes (2008), to sanction counsel

Horace Mann Insurance Co. v. Chase

51 So. 3d 640, 2011 Fla. App. LEXIS 195, 2011 WL 149278

District Court of Appeal of Florida | Filed: Jan 19, 2011 | Docket: 382215

Cited 1 times | Published

that sanctions may have been available under section 57.105(3), Florida Statutes (2008), but the Appellees

Marion v. Orlando Pain & Medical Rehabilitation

67 So. 3d 264, 2011 Fla. App. LEXIS 88, 2011 WL 111418

District Court of Appeal of Florida | Filed: Jan 12, 2011 | Docket: 2363077

Cited 1 times | Published

of Appellate Procedure 9.410(a) and (b), and section 57.105, Florida Statutes (2010). The Court reserves

Nodal v. Infinity Auto Insurance Co.

50 So. 3d 721, 2010 Fla. App. LEXIS 19398, 2010 WL 5129312

District Court of Appeal of Florida | Filed: Dec 17, 2010 | Docket: 2398202

Cited 1 times | Published

statute is less stringent than the standard under section 57.105, Florida Statutes (2006). See Ciaramello v

Service Experts, LLC v. Northside Air Conditioning & Electrical Service, Inc.

56 So. 3d 26, 2010 Fla. App. LEXIS 17693, 2010 WL 4628567

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 60298564

Cited 1 times | Published

Northside defendants’ request for sanctions under section 57.105, Florida Statutes (2009), filed in response

In Re Amendments to the Florida Rules of Appellate Procedure

41 So. 3d 885, 35 Fla. L. Weekly Supp. 367, 2010 Fla. LEXIS 995, 2010 WL 2518252

Supreme Court of Florida | Filed: Jun 24, 2010 | Docket: 1668351

Cited 1 times | Published

intended to implement the safe-harbor provision of section 57.105, Florida Statutes (2009), and eliminate potential

Nedd v. Gary

35 So. 3d 1028, 2010 Fla. App. LEXIS 7660, 2010 WL 2178762

District Court of Appeal of Florida | Filed: Jun 2, 2010 | Docket: 1646473

Cited 1 times | Published

pointed to no statute that supports the award. Section 57.105, Florida Statutes (2007), cannot support an

Hayes & Caraballo, Pl v. Auto-Owners Insurance Company

35 So. 3d 936, 2010 Fla. App. LEXIS 4694, 2010 WL 1404057

District Court of Appeal of Florida | Filed: Apr 9, 2010 | Docket: 2564776

Cited 1 times | Published

Appellants' request for attorney's fees under section 57.105, Florida Statutes (2008), or, alternatively

UNIFIRST CORP. v. City of Jacksonville

42 So. 3d 247, 2010 Fla. App. LEXIS 3865, 2009 WL 4263860

District Court of Appeal of Florida | Filed: Mar 25, 2010 | Docket: 1148243

Cited 1 times | Published

sanctions pursuant to section 57.105, Florida Statutes (2009). Section 57.105(4) provides that the party

Kelsey v. Metro Construction

31 So. 3d 252, 2010 Fla. App. LEXIS 3805, 2010 WL 1050242

District Court of Appeal of Florida | Filed: Mar 24, 2010 | Docket: 1150644

Cited 1 times | Published

Kelsey was entitled to attorney's fees under section 57.105(2), Florida Statutes (2001). The provision

Abu-Ghazaleh v. Chaul

36 So. 3d 691, 2009 Fla. App. LEXIS 18410, 2009 WL 4283085

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 1638941

Cited 1 times | Published

purposes of recovering attorney's fees under section 57.105, Florida Statutes. Lage, 521 So.2d at 300;

Harris v. Paul Sweeney, Inc.

22 So. 3d 831, 2009 Fla. App. LEXIS 17690, 2009 WL 4060988

District Court of Appeal of Florida | Filed: Nov 25, 2009 | Docket: 60267116

Cited 1 times | Published

filed a motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2007), based on the same

Williams v. Cadlerock Joint Venture LP

14 So. 3d 292, 2009 Fla. App. LEXIS 11251, 2009 WL 2448377

District Court of Appeal of Florida | Filed: Aug 12, 2009 | Docket: 60241318

Cited 1 times | Published

he would seek to recover attorneys fees under § 57.105(1). As we noted in the previous appeal, the trial

Rodriguez v. Florida Birth-Related Neurological Injury Compensation Ass'n

19 So. 3d 386, 2009 Fla. App. LEXIS 8630, 2009 WL 1815395

District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 60254607

Cited 1 times | Published

the Parents’ motions for fees and costs under section 57.105, Florida Statutes (2007), and denied the Parents’

Campbell v. State

9 So. 3d 59, 2009 Fla. App. LEXIS 2724, 2009 WL 886227

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 1667492

Cited 1 times | Published

the State requested sanctions pursuant to section 57.105, Florida Statutes, and the trial court's inherent

Cummings v. Campbell

7 So. 3d 1135, 2009 Fla. App. LEXIS 1954, 2009 WL 605420

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 60302651

Cited 1 times | Published

attorney, requiring the pair to pay attorney’s fees. § 57.105, Fla. Stat. (2008). Cummings then moved to disqualify

Moraitis v. Vitakis-Vachine

988 So. 2d 682, 2008 WL 2906967

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 2506341

Cited 1 times | Published

entitle appellant to attorney's fees under section 57.105 or the inherent authority of the court. *683

Bank One, Corp. v. Bornschein

987 So. 2d 172, 2008 Fla. App. LEXIS 10853, 2008 WL 2744370

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 64855250

Cited 1 times | Published

based upon both an offer of settlement and section 57.105, Florida Statutes. While the order does not

Paletti v. Tellow Jacket Marina, Inc.

984 So. 2d 1287, 2008 WL 2662457

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 95314

Cited 1 times | Published

hereby DISMISSED. Attorney's fees pursuant to section 57.105, Florida Statutes, are hereby imposed against

Magee v. AMERICAN SOUTHERN HOME INS. CO.

982 So. 2d 1255, 2008 WL 2228833

District Court of Appeal of Florida | Filed: Jun 2, 2008 | Docket: 1664544

Cited 1 times | Published

actually mailed. Award of Attorney's Fees Under Section 57.105, Florida Statutes On appeal, Magee moved for

Tobin v. Bursch

977 So. 2d 745, 2008 WL 782524

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 550750

Cited 1 times | Published

as to the existence of those material facts." § 57.105(1), Fla. Stat. (2002). If the trial court determines

Tobin v. Bursch

977 So. 2d 745, 2008 WL 782524

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 550750

Cited 1 times | Published

as to the existence of those material facts." § 57.105(1), Fla. Stat. (2002). If the trial court determines

Pineiro v. Law Firm of Franklin & Criscuolo

976 So. 2d 1146, 2008 WL 441181

District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 527422

Cited 1 times | Published

hold an evidentiary hearing on both parties' section 57.105 claims, but entered a written order reserving

Alan v. Palm Beach Newspapers, Inc.

973 So. 2d 1177, 2008 WL 35970

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 2549430

Cited 1 times | Published

subject to an award of attorney fees pursuant to section 57.105, Florida Statutes. We disagree and deny the

Teamcare Infusion Inc. v. Comprehensive Health Management, Inc.

970 So. 2d 385, 2007 Fla. App. LEXIS 17247, 2007 WL 3169169

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 238919

Cited 1 times | Published

Judge. PER CURIAM. The award of sanctions under section 57.105, Florida Statutes (2006), is reversed with

McCloskey Const. Corp. v. Toco Homes, Inc.

962 So. 2d 357, 2007 WL 2043460

District Court of Appeal of Florida | Filed: Jul 18, 2007 | Docket: 1519249

Cited 1 times | Published

denying its motion for attorney's fees under section 57.105, Florida Statutes (2006). We affirm. We find

Sumner v. GROS, MD

958 So. 2d 1038, 2007 WL 1593234

District Court of Appeal of Florida | Filed: Jun 5, 2007 | Docket: 2563170

Cited 1 times | Published

awarding attorneys' fees to appellees pursuant to section 57.105, Florida Statutes (2005). The propriety of

In Re Full Gospel Assembly of Delray Beach

371 B.R. 559, 2007 Bankr. LEXIS 3300

United States Bankruptcy Court, S.D. Florida. | Filed: May 8, 2007 | Docket: 1062067

Cited 1 times | Published

and costs and sanctions pursuant to Fla. Stat. § 57.105(7).[1] Despite consistently arguing throughout

Ortiz v. McDonough

957 So. 2d 1256, 2007 WL 1295669

District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 2588959

Cited 1 times | Published

and assessing attorney's fees pursuant to section 57.105, Florida Statutes (2005), as these sections

Labbee v. Harrington

957 So. 2d 1188, 2007 WL 676018

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1679184

Cited 1 times | Published

of trial and appellate attorney's fees under section 57.105.[1] We affirm in part, and reverse in part

Osborne v. Commission on Ethics

951 So. 2d 25, 2007 Fla. App. LEXIS 1985, 2007 WL 485982

District Court of Appeal of Florida | Filed: Feb 16, 2007 | Docket: 1682513

Cited 1 times | Published

and SAWAYA, J., concur. NOTES [1] Although section 57.105(5), Florida Statutes (2005), might well have

Tunnage v. Green

947 So. 2d 686, 2007 Fla. App. LEXIS 1412, 2007 WL 397304

District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 64848734

Cited 1 times | Published

judgment. Further, we reverse the award of section 57.105 attorney’s fees to Green. We affirm the jury

United Auto. Ins. Co. v. MIAMI MED. GROUP

935 So. 2d 41, 2006 WL 1999212

District Court of Appeal of Florida | Filed: Jul 19, 2006 | Docket: 1671034

Cited 1 times | Published

then filed a Motion for Sanctions pursuant to section 57.105, Florida Statutes, for United Automobile's

Schmigel v. CUMBIE CONCRETE COMPANY

915 So. 2d 776, 2005 Fla. App. LEXIS 19676, 2005 WL 3406213

District Court of Appeal of Florida | Filed: Dec 14, 2005 | Docket: 419533

Cited 1 times | Published

105(1)(a) and 448.104, Florida Statutes (2004). Section 57.105(4) does not provide a 21-day safe harbor when

STATE, DEPT. OF HIGHWAY SAFETY v. Tarman

917 So. 2d 899, 2005 WL 2656116

District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 1509518

Cited 1 times | Published

trial court's award of attorney's fees under section 57.105, Florida Statutes, as this action was not frivolous

Grob v. Bieluch

912 So. 2d 666, 2005 WL 2439002

District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 1760845

Cited 1 times | Published

order granting attorney's fees pursuant to section 57.105, Florida Statutes. In a detailed order, the

Landmark at Hillsboro Condominium Ass'n v. Candelora

911 So. 2d 1272, 2005 Fla. App. LEXIS 15765, 2005 WL 2439787

District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 64840556

Cited 1 times | Published

moved for fees under section 718.303(1) and/or section 57.105. Second, Landmark claims that it timely moved

Landmark at Hillsboro Condominium Ass'n v. Candelora

911 So. 2d 1272, 2005 Fla. App. LEXIS 15765, 2005 WL 2439787

District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 64840556

Cited 1 times | Published

moved for fees under section 718.303(1) and/or section 57.105. Second, Landmark claims that it timely moved

Superior Garlic Intern., Inc. v. E & A

934 So. 2d 484, 2004 Fla. App. LEXIS 15388, 2004 WL 2346655

District Court of Appeal of Florida | Filed: Oct 20, 2004 | Docket: 1747625

Cited 1 times | Published

was made pursuant to § 772.11(a), Fla. Stat. or § 57.105, Fla. Stat. E & A Produce Corp. v. Superior Garlic

Roco Tobacco (USA), Inc. v. Florida Div. of Alcoholic Beverages

934 So. 2d 479, 2004 Fla. App. LEXIS 11756, 2004 WL 1778864

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 64845822

Cited 1 times | Published

Roco, this time under Fla. R. Civ. P. 1.4422 and § 57.105, Fla. Stat. (2000), arguing that it should not

Coin-O-Matic, Inc. v. Cornerstone Residential Management, Inc.

879 So. 2d 649, 2004 Fla. App. LEXIS 9189, 2004 WL 1460678

District Court of Appeal of Florida | Filed: Jun 30, 2004 | Docket: 64832137

Cited 1 times | Published

provides for fees whenever the lessee (or, under section 57.105(7), Florida Statutes (2003), the lessor as

Determann v. Anser, Inc.

859 So. 2d 548, 2003 WL 22717685

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 769340

Cited 1 times | Published

attorney's fees against appellants pursuant to section 57.105, Florida Statutes, as we find appellants' arguments

Sher v. Countrywide Home Loans, Inc.

848 So. 2d 1246, 2003 Fla. App. LEXIS 10224, 2003 WL 21537358

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 64823892

Cited 1 times | Published

the basis of section 772.11. Second Issue — Section 57.105 Fees The second issue is whether it was appropriate

Array v. Alberigi

832 So. 2d 873, 2002 WL 31728386

District Court of Appeal of Florida | Filed: Dec 6, 2002 | Docket: 1700012

Cited 1 times | Published

fees award, the parties' arguments center on section 57.105, Florida Statutes. On appeal, the Arrays contend

Cisneros v. Cisneros

831 So. 2d 257, 2002 WL 31663210

District Court of Appeal of Florida | Filed: Nov 27, 2002 | Docket: 1722921

Cited 1 times | Published

attorney's fees to the husband pursuant to section 57.105, Florida Statutes (2001), for his successful

AMERICAN GENERAL LIFE AND ACC. INS. CO. v. Spurlock

821 So. 2d 1132, 2002 WL 1343545

District Court of Appeal of Florida | Filed: Jun 21, 2002 | Docket: 1235846

Cited 1 times | Published

specifically refused to address entitlement under section 57.105, Florida Statutes (2000), but decided that

NORTH LAKELAND PAIN AND TRAUMA, INC. v. Benson

813 So. 2d 1075, 2002 Fla. App. LEXIS 5184, 2002 WL 662341

District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 256156

Cited 1 times | Published

also argues that the award is justified under section 57.105, Florida Statutes (2001). In the trial court

D. Bruce McMahan v. William A. Toto

256 F.3d 1120, 2001 WL 769599

Court of Appeals for the Eleventh Circuit | Filed: Jul 10, 2001 | Docket: 396945

Cited 1 times | Published

McMahan or their counsel pursuant to Fla. Stat. § 57.105 and 28 U.S.C. § 1927. The third issue is whether

Slapikas v. Llorente

766 So. 2d 440, 2000 WL 1224878

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1329878

Cited 1 times | Published

fees pursuant to section 57.105, Florida Statutes (1997). We reverse. Under section 57.105, Florida Statutes

Dictiomatic, Inc. v. United States Fidelity & Guaranty Co.

127 F. Supp. 2d 1239, 1999 U.S. Dist. LEXIS 22398, 1999 WL 33228400

District Court, S.D. Florida | Filed: Jun 15, 1999 | Docket: 2379325

Cited 1 times | Published

and frivolous claim bar set forth in Fla. Stat. § 57.105. They further contend that Plaintiffs' counsel

Van Meter v. State

726 So. 2d 388, 1999 WL 69581

District Court of Appeal of Florida | Filed: Feb 15, 1999 | Docket: 2582318

Cited 1 times | Published

28(2), Florida Statutes, is similar to that of section 57.105, Florida Statutes, which is to preclude the

Standafer v. Schaller

726 So. 2d 352, 1999 Fla. App. LEXIS 641, 1999 WL 28682

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 64786235

Cited 1 times | Published

than the frivolous suit standard contained in section 57.105, Florida Statutes '(1997). See Bronson v. Bronson

Avemco Ins. Co. v. Tobin

711 So. 2d 128, 1998 WL 204671

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 1337416

Cited 1 times | Published

can be held liable for attorney's fees under section 57.105 for maintaining a frivolous, bad faith position

Stewart v. Tasnet, Inc.

718 So. 2d 820, 1998 WL 685059

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1515113

Cited 1 times | Published

appeal the award of attorneys' fees pursuant to section 57.105(2), Florida Statutes (1995). The defendants

Florida Department of Health & Rehabilitative Services v. Morse

708 So. 2d 640, 1998 Fla. App. LEXIS 3190, 1998 WL 145060

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 64779943

Cited 1 times | Published

authority, Dr. Morse directs our attention to section 57.105(1), Florida Statutes (1995), which provides

Davis v. Christmas

705 So. 2d 38, 1997 WL 741819

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 1753734

Cited 1 times | Published

their motion for attorney's fees pursuant to section 57.105, Florida Statutes (1996). For the following

Goldfarb v. Daitch

696 So. 2d 1199, 1997 WL 268233

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 1696226

Cited 1 times | Published

Daitch, along with costs and fees pursuant to Section 57.105, Florida Statutes (1995). THE HEARING Daitch's

Insua v. Chantres

665 So. 2d 288, 1995 WL 712596

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 1351813

Cited 1 times | Published

appropriate for the assessment of fees under section 57.105(1), Florida Statutes (1993). Reversed. ON

State, Department of Transportation v. Kisinger Campo & Associates, Corporation

661 So. 2d 58, 1995 Fla. App. LEXIS 5743, 1995 WL 322264

District Court of Appeal of Florida | Filed: May 31, 1995 | Docket: 2584705

Cited 1 times | Published

award to KCA of attorney's fees pursuant to section 57.105, Florida Statutes (1991), was an abuse of discretion

Henshall v. Lowe

657 So. 2d 6, 1995 WL 245955

District Court of Appeal of Florida | Filed: Apr 28, 1995 | Docket: 463881

Cited 1 times | Published

attorneys' fees to L.E. Lowe, Jr., pursuant to section 57.105, Florida Statutes (1993). We reverse, concluding

Tampa Letter Carriers, Inc. v. MacK

649 So. 2d 890, 1995 WL 25336

District Court of Appeal of Florida | Filed: Jan 25, 1995 | Docket: 393605

Cited 1 times | Published

Downs does not apply to fee requests made under section 57.105. We conclude that the Ganz analysis also applies

Horticultural Enterprises v. Plantas Decorativas, LTDA

623 So. 2d 821, 1993 Fla. App. LEXIS 8919, 1993 WL 331918

District Court of Appeal of Florida | Filed: Sep 3, 1993 | Docket: 64698535

Cited 1 times | Published

the law firm of Holland & Knight pursuant to section 57.105, Florida Statutes (1989). Holland & Knight

LeGrand v. Dean

598 So. 2d 218, 1992 WL 92494

District Court of Appeal of Florida | Filed: May 8, 1992 | Docket: 1737571

Cited 1 times | Published

were liable for an attorney fee pursuant to section 57.105, Florida Statutes (1987)[1] because the case

Ciaramello v. D'Ambra

590 So. 2d 946

District Court of Appeal of Florida | Filed: Sep 27, 1991 | Docket: 1512625

Cited 1 times | Published

different standards than those applicable to section 57.105, Florida Statutes (1989). The appellants' first

Southford v. Hatton

566 So. 2d 527, 1990 Fla. App. LEXIS 5449, 1990 WL 105512

District Court of Appeal of Florida | Filed: Jul 25, 1990 | Docket: 64652880

Cited 1 times | Published

of res judi-cata and collateral estoppel. See § 57.105, *529Fla.Stat. (1987).1 Under the Florida Supreme

Piancone v. Engineering Design, Inc.

534 So. 2d 896, 13 Fla. L. Weekly 2655, 1988 Fla. App. LEXIS 5393, 1988 WL 129541

District Court of Appeal of Florida | Filed: Dec 8, 1988 | Docket: 1295782

Cited 1 times | Published

fees to Engineering Design, Inc. pursuant to section 57.105, Florida Statutes (Supp. 1986). We reverse

Upland Ventures, Inc. v. HSBC Bank USA, National Association, as Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2007-Sl2 Asset Backed

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71116791

Published

denial of a motion for sanctions pursuant to section 57.105, Florida Statutes. We affirm that ruling without

Engelin v. Portfolio Recovery Associates, LLC

District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71038144

Published

provision in his credit card agreement and section 57.105(7), Florida Statutes (2016). Although the trial

Estate of Tarina M. White v. Florida Medical Examiners Commission and Dr. J. Radtke

District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70807689

Published

for the imposition of attorney’s fees under section 57.105, Florida Statutes, as a sanction against the

Bryan K. Mickler v. Victoria M. Iizuka F/K/A Victoria M. Mickler and Chip Parker

District Court of Appeal of Florida | Filed: Jun 27, 2025 | Docket: 70649184

Published

his motion for sanctions brought pursuant to section 57.105(1), Florida Statutes, arguing, inter alia,

Gary Steinberg v. Fiesta Homeowners Association, Inc.

District Court of Appeal of Florida | Filed: May 21, 2025 | Docket: 69705583

Published

imposed attorney’s fees as a sanction pursuant to section 57.105(1), Florida Statutes (2023), finding the Homeowner’s

KISTNER v. LOWERY, LOWERY

District Court of Appeal of Florida | Filed: Apr 11, 2025 | Docket: 69877336

Published

motion for attorney's fees pursuant to section 57.105(1), Florida Statute (2023). In the motion,

Permanent General Assurance Corporation v. Allied Healthcare of Central Florida, Inc. A/A/O Admilor Neston

District Court of Appeal of Florida | Filed: Apr 4, 2025 | Docket: 69843943

Published

reasonable attorney’s fees and costs under section 57.105, Florida Statutes, and reserved ruling as

Raymond Galusha v. Lowes Home Centers, LLC, and Ann Shuler Waters

District Court of Appeal of Florida | Filed: Apr 4, 2025 | Docket: 69843647

Published

are sua sponte imposing sanctions pursuant to section 57.105, Florida Statutes (2024).

Glades Restoration, LLC, McKinstry v. Homeowners Choice Property & Casualty Insurance Company, Inc.

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69833918

Published

motion for attorney fees under Florida Statutes section 57.105 (regarding sanctions for raising unsupported

Glades Restoration, LLC., A.A.O Jimmy McKinstry v. Homeowners Choice Property & Casualty Insurance Company, Inc., a Florida Corporation

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69833916

Published

motion for attorney fees under Florida Statutes section 57.105 (regarding sanctions for raising unsupported

Grady C. Judd, Sheriff of Polk County v. Christina Haegele, as Personal Representative of the Estate of Chance Haegele

District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69808615

Published

denying their motion for sanctions filed under section 57.105(1), Florida Statutes (2020).1 We reverse.

East Winds Consulting, LLC v. Sky Harbour Condominium Association, Inc.

District Court of Appeal of Florida | Filed: Mar 21, 2025 | Docket: 69765966

Published

to attorney's fees as sanctions under section 57.105, Florida Statutes (2023). In the motion, East

Gary Steinberg v. Fiesta Homeowners Association, Inc.

District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69705583

Published

imposed attorney’s fees as a sanction pursuant to section 57.105(1), Florida Statutes (2023), finding the Homeowner’s

Jeff Lieberman, Etc. v. James Sloto, Etc.

District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69705892

Published

assessing sanctions against appellants pursuant to section 57.105, Florida Statutes (2022), as well as the trial

FLORIDA HOMEOWNER EQUITY AND LOST PROPERTY, LLC v. FAIRCHILD and U. S. BANK, N. A.

District Court of Appeal of Florida | Filed: Dec 13, 2024 | Docket: 69463633

Published

"on its own initiative" pursuant to section 57.105(1), Florida Statutes (2022), award Mr. Passer

Merfe Construction Corp. v. Mirtha Morales

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69266600

Published

denial of a motion for attorney’s fees under section 57.105 is reviewed for abuse of discretion.” Frischer

GIBSON, ESQ., LOFTUS, ESQ. v. U. S. BANK, N. A., FAIRCHILD

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69265741

Published

William Fairchild as sanctions pursuant to section 57.105(1), Florida Statutes (2022). 1 Mr. Gibson and

Investcom Construction, LLC v. Plaza Del Prado Condominium Association, Inc.

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69266227

Published

court of jurisdiction to award sanctions under section 57.105, Florida Statutes (2012), even after a voluntary

Law Offices of Scott Alan Orth, P.A., Scott Alan Orth, and Eric Salvatore Giunta v. in Re: Estate of Mario Quintero

District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151106

Published

lost will. The sanctions were pursuant to section 57.105(1), Florida Statutes, the inequitable conduct

FERNANDEZ v. KIVIMAKI

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 68439348

Published

dismissing the appeal because an award of fees under section 57.105 would be a sanction that is not contemplated

The Wellness Center of London Square, Inc. v. DHL Express (USA), Inc.

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 69022047

Published

DHL Express (USA), Inc. (“DHL”), pursuant to section 57.105(1) of the Florida Statutes (2022). We affirm

Tina Izard v. Phiippe Bois

District Court of Appeal of Florida | Filed: Jul 31, 2024 | Docket: 68484472

Published

awarding the former husband attorney’s fees under section 57.105, Florida Statutes (2020). She argues the trial

Richard Ticktin v. Guardianship of Steven Howard Ticktin

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68908211

Published

The mother also moved for sanctions under section 57.105(1), Florida Statutes (2020), against the father

Philene Harte-Weiner-Toledo v. Daniel F. Toledo, Jr., etc.

District Court of Appeal of Florida | Filed: May 29, 2024 | Docket: 68798688

Published

as to justify an award of fees pursuant to section 57.105.” (quotation omitted)); see also MC Liberty

South Wild Olive, LLC v. Total Maintenance Services, LLC

District Court of Appeal of Florida | Filed: May 17, 2024 | Docket: 67934539

Published

denial of a motion seeking attorney’s fees under section 57.105(1), Florida Statutes (2021). Because that statute

USAA Casualty Insurance Company v. Health Diagnostics of Fort Lauderdale, LLC, etc.

District Court of Appeal of Florida | Filed: Apr 17, 2024 | Docket: 68444164

Published

or without prejudice, or prevails pursuant to F.S. 57.105, 768.79 or 1.442, or other theory authorized

ANTHONY FANTAUZZI v. JAMES C. DAY AND JOHN P. FLECK

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68403460

Published

Fleck, Jr., also an attorney, pursuant to section 57.105, Florida Statutes (2022). We reverse the order

Saad Remodeling & Custom Home Builders, Inc. and Saad Home, Inc. v. Reyes FC Services Corp.

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103699

Published

override the specific language of section 68.065. Section 57.105(7), Florida Statutes (2018), applies to attorney’s

MICHAEL STEVEN KNEZEVICH v. SERVICE FINANCE COMPANY, LLC

District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68083878

Published

resolve" a pending sanctions motion under section 57.105(1), Florida Statutes (2009), where the motion

PAUL FLAIG v. COQUINA PALMS HOMEOWNERS ASSOCIATION, INC. AND LARRY CINCO

District Court of Appeal of Florida | Filed: Dec 1, 2023 | Docket: 65745122

Published

trial court independently justifying fees under section 57.105, Florida Statutes, for such frivolous actions

STEPHEN HESS v. PMG-S2 SUNNY ISLES, LLC

District Court of Appeal of Florida | Filed: Oct 4, 2023 | Docket: 67853827

Published

Fitzgerald, 215 So. 3d 116, 119 (Fla. 3d DCA 2017) (“Section 57.105(7), however, cannot transform a contract's

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

District Court of Appeal of Florida | Filed: Sep 8, 2023 | Docket: 68034255

Published

sanction against the City, filed pursuant to section 57.105(1), Florida Statutes (2020). We affirm, without

AT&T MOBILITY LLC v. PATRICK RIGNEY

District Court of Appeal of Florida | Filed: Sep 6, 2023 | Docket: 67765042

Published

court’s final orders denying the defendant’s “[Section] 57.105 Sanctions Motion for Raising a Baseless ‘Data

SENTRY PUBLIC ADJUSTING, LLC v. CAPTIVA LAKES CONDOMINIUM ASSOCIATION, INC.

District Court of Appeal of Florida | Filed: Aug 16, 2023 | Docket: 67696331

Published

applies to a motion for sanctions under section 57.105 filed before the notice of voluntary

SENTRY PUBLIC ADJUSTING, LLC v. CAPTIVA LAKES CONDOMINIUM ASSOCIATION, INC.

District Court of Appeal of Florida | Filed: Aug 16, 2023 | Docket: 67696331

Published

applies to a motion for sanctions under section 57.105 filed before the notice of voluntary

OCALA HEART CLINIC II, LLC vs RAKESH PRASHAD, CHANDRANATH DAS, J. ROBERT MCGHEE, AND BELINDA M. KITOS

District Court of Appeal of Florida | Filed: Aug 11, 2023 | Docket: 66833842

Published

existing law and such deficiency was apparent. See § 57.105(1)(a), Fla. Stat. (2023); Dicus v. Dist. Bd.

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

District Court of Appeal of Florida | Filed: Jul 14, 2023 | Docket: 68034255

Published

sanction against the City, filed pursuant to section 57.105(1), Florida Statutes (2020). We affirm

FIRST COMMUNITY INSURANCE COMPANY v. KWAKU ADJEI

District Court of Appeal of Florida | Filed: Jun 28, 2023 | Docket: 67482072

Published

against the Adjeis and their counsel pursuant to section 57.105 of the Florida Statutes. The trial court, sua

Brinda Coates, etc. v. R.J. Reynolds Tobacco Company

Supreme Court of Florida | Filed: Jun 15, 2023 | Docket: 67503283

Published

prevailing party on appeal.” (emphasis added)), § 57.105(7), Fla. Stat. (2022) (“If a contract contains

LAWRENCE J. SHAPIRO, ESQ. v. WPLG, LLC

District Court of Appeal of Florida | Filed: May 17, 2023 | Docket: 67400026

Published

the trial court to assess fees pursuant to section 57.105, Florida Statutes (2020), 50 percent against

MARIA ISABEL SAAD v. CHARBEL ABUD

District Court of Appeal of Florida | Filed: Apr 19, 2023 | Docket: 60111506

Published

Abud filed a motion for sanctions pursuant to section 57.105(4), Florida Statutes (2012), seeking fees

FRANCES FRIES v. TIM ANDERSON and LAURA ANDERSON

District Court of Appeal of Florida | Filed: Apr 19, 2023 | Docket: 66757259

Published

not subject to the fee-shifting language of section 57.105(2), Florida Statutes (1998). 815 So. 2d at

AMAYA LIGHTING & PLASTERING, LLC v. CARLOS ALBERTO ISLA

District Court of Appeal of Florida | Filed: Apr 5, 2023 | Docket: 67140861

Published

trial court may not sanction that party under section 57.105.”); Cullen v. Marsh, 34 So. 3d 235, 242 (Fla

SC MOTA ASSOCIATES LIMITED PARTNERSHIP v. MOTA PIZZA RUSTICA CORP.

District Court of Appeal of Florida | Filed: Mar 29, 2023 | Docket: 66917381

Published

here are two motions for sanctions pursuant to § 57.105 that the Landlord and Property Manager filed

RONALD HOROWITZ vs ROSSDALE CLE, INC.

District Court of Appeal of Florida | Filed: Feb 17, 2023 | Docket: 63166173

Published

ordered him to pay attorney’s fees pursuant to section 57.105, Florida Statutes (2019). We affirm the dismissal

FRANCES FRIES v. TIM ANDERSON and LAURA ANDERSON

District Court of Appeal of Florida | Filed: Jan 25, 2023 | Docket: 66757259

Published

Regarding entitlement to fees pursuant to section 57.105, Florida Statutes, the trial court found the

THOMAS MCARDLE v. COURTNEY MCARDLE

District Court of Appeal of Florida | Filed: Jan 11, 2023 | Docket: 66713639

Published

in his complaint pursuant to chapter 627 and section 57.105, Florida Statutes. Id. at 403. After determining

RESTORATION 1 OF THE TREASURE COAST, INC. a/a/o PATRICIA MORELLI v. STATE FARM FIRE AND CASUALTY COMPANY and STATE FARM FLORIDA INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698543

Published

trial court’s order granting fees pursuant to section 57.105, Florida Statutes (2015). We conclude that

TINA IZARD BOIS n/k/a TINA IZARD v. PHILIPPE BOIS

District Court of Appeal of Florida | Filed: Dec 7, 2022 | Docket: 66617069

Published

appellee’s motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2020). Because the trial

DARIO AYALA, individually, and INRI INC., d/b/a ARMS INTL v. INTERAVIA SPARES AND SERVICES, INC.

District Court of Appeal of Florida | Filed: Nov 9, 2022 | Docket: 65742508

Published

their counsel for bringing a frivolous claim. See § 57.105(1), Fla. Stat. (2021). Such sanctions can come

ASHI MENDELSON v. HARRIS S. HOWARD

District Court of Appeal of Florida | Filed: Oct 26, 2022 | Docket: 65635500

Published

manager, Dana Altman (defendants), pursuant to section 57.105, Florida Statutes (2020), following the voluntary

THE DENTAL LAW FIRM, P.A. d/b/a SHOCHET LAW GROUP v. PAUL KINCER, SCOTT MOORE, and THE PEOPLE'S CHOICE PUBLIC ADJUSTERS, LLC

District Court of Appeal of Florida | Filed: Aug 17, 2022 | Docket: 64898830

Published

a third-party action, the law firm filed a section 57.105, Florida Statutes (2020), sanctions motion

THE SHIR LAW GROUP, P.A. v. DARIO CARNEVALE

District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881521

Published

claims he did not move for sanctions pursuant to section 57.105, Florida Statutes.

LILIANA CADAVID v. DANIEL SAPORTA

District Court of Appeal of Florida | Filed: Aug 3, 2022 | Docket: 64865323

Published

matter,” as required to impose sanctions under section 57.105(8). Cadavid (“former girlfriend”) and

MARIA ISABEL SAAD v. CHARBEL ABUD

District Court of Appeal of Florida | Filed: Jul 27, 2022 | Docket: 64435968

Published

and explaining that “nothing in the text of section 57.105(1) provides for the award of costs”).

STEPHAN J. LAWRENCE v. MARINA TOWER OF TURNBERRY ISLE CONDOMINIUM ASSOCIATION, INC., etc.

District Court of Appeal of Florida | Filed: Jul 13, 2022 | Docket: 63588187

Published

court’s award of attorney’s fees pursuant to section 57.105, Florida Statutes, to Appellee Gibraltor Realty

BETHANY REESE v. TAMMY MATHIS

District Court of Appeal of Florida | Filed: Jun 29, 2022 | Docket: 63556656

Published

PER CURIAM. “An award of fees under section 57.105 requires a determination by the court that

FELIX MONTALVO v. DEUTSCHE BANK NATIONAL TRUST COMPANY, etc.

District Court of Appeal of Florida | Filed: Jun 29, 2022 | Docket: 63556648

Published

11 is the comparable federal counterpart to section 57.105, Florida Statutes (2022).

PHILIP MORRIS USA, INC. v. BARBARA COHEN, as Personal representative of the ESTATE OF RITA SHIFRIN

District Court of Appeal of Florida | Filed: Jun 8, 2022 | Docket: 63369342

Published

attorneys’ fees imposed as a sanction based on section 57.105(1) and Moakley v. Smallwood, 826 So. 2d 221

ASTRA REAL ESTATE, LLC v. RACHEL ELKARIF

District Court of Appeal of Florida | Filed: May 25, 2022 | Docket: 63335826

Published

(Fla. 4th DCA 2015) (“Where the purpose of section 57.105 is to deter misuse of the judicial system and

PETER A. COLOMBO v. ROBERTSON, ANSCHUTZ & SCHNEID, P.L.

District Court of Appeal of Florida | Filed: May 4, 2022 | Docket: 63285685

Published

court rejected the borrower’s argument that section 57.105(7) was controlling, finding this argument overlooked

JENIYA NEMANI v. NASSER SACHMECHI

District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63128004

Published

response, Sachmechi moved for sanctions under § 57.105, arguing that the Nemanis’ claim of entitlement

NATALIA SOLANGE FONT POMALES v. AKLIPSE ASSET MANAGEMENT, INC.

District Court of Appeal of Florida | Filed: Feb 23, 2022 | Docket: 63108526

Published

2 The Tenants also moved for fees under section 57.105(7), Florida Statutes (2021), which makes unilateral

ROBERTO VERDE AND SOLANGEL VERDE v. HSBC BANK USA, N.A.

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689352

Published

below) appealed from an order denying their section 57.105(7) motion for prevailing party attorney’s

NATIONSTAR MORTGAGE LLC, ETC. and U.S BANK NATIONAL ASSOCIATION AS TRUSTEE, etc. v. FARSHADI FARAMARZ

District Court of Appeal of Florida | Filed: Dec 15, 2021 | Docket: 61618241

Published

prevailing party attorney’s fees and costs under section 57.105(7), Florida Statutes, based upon precedent

DONALD J. BARTON v. STEWART J. ANDREWS AND LEDA N. ANDREWS

District Court of Appeal of Florida | Filed: Dec 15, 2021 | Docket: 61618232

Published

before it a motion for sanctions pursuant to section 57.105, Florida Statutes (2021), filed by Appellant

JARED LOPEZ v. DOMINIC CAVAGNUOLO

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858267

Published

fees against him as a sanction pursuant to section 57.105, Florida Statutes (2020). Upon our review

JORGE REYES v. JORGE COSCULLUELA

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60676984

Published

attorney’s fees as a sanction pursuant to section 57.105(1), Florida Statutes (2021). Having carefully

Samuel Salomon Levy v. Einath Bach Levy

Supreme Court of Florida | Filed: Oct 7, 2021 | Docket: 60630460

Published

3d 71 (Fla. 3d DCA 2020), which held that section 57.105(7) of the Florida Statutes applied to the

PAULO CESAR MANTEGAZZA POMELLI v. PAOLA MANTEGAZZA POMELLI

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627028

Published

Mantegazza Pomelli’s (“the Wife”) motion for section 57.105 sanctions against the Husband, and 2) the

SARA MENDEZ v. ASI PREFERRED INSURANCE CORP.

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385560

Published

awarding ASI attorney’s fees as a sanction under section 57.105(1), Florida Statutes, to be equally paid by

JOSE TORRES v. THE BANK OF NEW YORK AS TRUSTEE

District Court of Appeal of Florida | Filed: Sep 8, 2021 | Docket: 60368608

Published

attorneys’ fees provision in a contract and section 57.105(7), Florida Statutes (2017), which provides

FELIX SOTO v. CARROLLWOOD VILLAGE PHASE I I I

District Court of Appeal of Florida | Filed: Sep 3, 2021 | Docket: 60361365

Published

attorney's fees as a sanction pursuant to section 57.105(1), Florida Statutes (2017), and awards fees

FRED VIERA, ESQ. v. IN RE: APTITO, LLC VS. GENE ZELL

District Court of Appeal of Florida | Filed: Aug 25, 2021 | Docket: 60290984

Published

appellant, attorney Fred Viera, pursuant to section 57.105 of the Florida Statutes. Lansom v. Reid, 314

SARAH BLYTH v. OCWEN LOAN SERVICING, LLC

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199083

Published

(Fla. 2020). In Page, the court construed section 57.105(7), Florida Statutes (2019), which allows for

MICHAEL R. MAISONNEUVE and CYNTHIA A. MAISONNEUVE v. SITUS INVESTMENTS, LLC

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199086

Published

provision in the mortgage and note, as well as section 57.105(7), Florida Statutes. The trial court denied

NICOLAOS MALLAS v. GEORGE V. MALLAS

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199085

Published

and declining to award fees for fees under section 57.105 and section 768.79); Dep’t of Transp., State

LAW OFFICES OF ALEXANDER E. BORELL, P.A. v. IN RE: JESUS CALA ACEVEDO VS. HERGA IMPERIOD NODA

District Court of Appeal of Florida | Filed: Jul 14, 2021 | Docket: 60056673

Published

Acevedo’s motion for sanctions pursuant to section 57.105, a second order denying Borell’s motion for

ARLENE GHENT and DAVID M. HENRY v. HSBC MORTGAGE SERVICES, INC.

District Court of Appeal of Florida | Filed: Jun 30, 2021 | Docket: 60025617

Published

pursuant to the terms of the note and mortgage and section 57.105(7), Florida Statutes (2016). The trial court

BEVERLY A ELLIS and FREDERICK J. ELLIS v. US BANK TRUST, N.A.

District Court of Appeal of Florida | Filed: Jun 23, 2021 | Docket: 60006549

Published

provision became reciprocal to a borrower under section 57.105(7), Florida Statutes (2019), when the borrower

STEPHAN JAY LAWRENCE v. MARINA TOWER OF TURNBERRY ISLE CONDOMINIUM ASSOCIATION, INC., etc.

District Court of Appeal of Florida | Filed: Jun 16, 2021 | Docket: 59988812

Published

complied with the “safe harbor” requisites of section 57.105 of the Florida Statutes. This statute requires

FRANK DIGIACOMO and LAW OFFICE OF FRANK DIGIACOMO, ESQUIRE, P.A. v. KOGAN & DISALVO, P.A. and GEICO GENERAL INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Jun 9, 2021 | Docket: 59971149

Published

(2) attorney’s fees as a sanction pursuant to section 57.105, Florida Statutes; and (3) costs under section

FRANK WATERS v. U.S. BANK, N.A.

District Court of Appeal of Florida | Filed: May 26, 2021 | Docket: 59936588

Published

entitlement to trial court attorney’s fees under section 57.105(7), Florida Statutes (2019), in a foreclosure

CORALIA RUBIELLA v. CASCADE FUNDING RM3 ACQUISITIONS GRANTOR TRUST

District Court of Appeal of Florida | Filed: May 19, 2021 | Docket: 59917983

Published

fees alleged that, as the prevailing party, section 57.105(7), Florida Statutes (2019), applied to make

SHAQUILLE O'NEAL v. SHAWN DARLING AND MENACHEM MAYBERG

District Court of Appeal of Florida | Filed: May 12, 2021 | Docket: 59899775

Published

entitlement to attorney’s fees pursuant to section 57.105, Florida Statutes (2017). We reverse.

ORQUIDEA CASTELLANOS v. REVERSE MORTGAGE FUNDING LLC

District Court of Appeal of Florida | Filed: May 12, 2021 | Docket: 59899778

Published

awarded attorney’s fees) by application of section 57.105(7), Florida Statutes (2019). We reverse

ALINA NUNEZ v. AVIV AIR CONDITIONING, INC., etc.

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860098

Published

Attorney’s Fees and Sanctions Pursuant to Section 57.105 (“Motion for Attorney’s Fees and Sanctions”)

UGO COLOMBO v. DACRA DEVELOPMENT CORPORATION

District Court of Appeal of Florida | Filed: Apr 7, 2021 | Docket: 59800734

Published

denied the motion for sanctions under Florida Statute 57.105.).

SANS SOUCI GATED HOMEOWNERS ASSOCIATION, INC. v. OLEG LUKOV

District Court of Appeal of Florida | Filed: Mar 10, 2021 | Docket: 59719191

Published

denying entitlement to sanctions pursuant to section 57.105(1), Florida Statutes. Finding no abuse

GINA NUGENT v. ANNE- LAURE MICHELIS

District Court of Appeal of Florida | Filed: Mar 10, 2021 | Docket: 59719244

Published

moved for sanctions against Defendant under section 57.105, Florida Statutes (2016), for asserting frivolous

DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE RALI 2006-QS6 v. TERRI P. PAGE

District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295952

Published

reciprocal to the prevailing borrowers under section 57.105(7).” Id. We adopt the supreme court’s decision

SAFEPOINT INSURANCE COMPANY v. ELENA GINSBURG and MICHAEL GINSBURG

District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31030559

Published

below, appeals an order striking one of its section 57.105, Florida Statutes, motions based on the trial

Terri P. Page v. Deutsche Bank Trust Company Americas, etc.

Supreme Court of Florida | Filed: Dec 31, 2020 | Docket: 27333544

Published

mortgage is made reciprocal to a borrower under section 57.105(7), Florida Statutes (2019), when the borrower

Eugene Ham III v. Portfolio Recovery Associates, LLC & SC18-2143 Laura Foxhall v. Portfolio Recovery Associates, LLC

Supreme Court of Florida | Filed: Dec 31, 2020 | Docket: 27333584

Published

contract is made reciprocal to a debtor under section 57.105(7), Florida Statutes (2015), when the debtor

Eugene Ham III v. Portfolio Recovery Associates, LLC & SC18-2143 Laura Foxhall v. Portfolio Recovery Associates, LLC

Supreme Court of Florida | Filed: Dec 31, 2020 | Docket: 27333584

Published

contract is made reciprocal to a debtor under section 57.105(7), Florida Statutes (2015), when the debtor

WILLIAM JOYCE v. JOSEPH SHINGARY a/k/a JOE SHINGARY

District Court of Appeal of Florida | Filed: Dec 16, 2020 | Docket: 18747986

Published

motion for entitlement to attorney’s fees under section 57.105, Florida Statutes (2019), and then awarding

WILLIAM JOYCE v. JOSEPH SHINGARY a/k/a JOE SHINGARY

District Court of Appeal of Florida | Filed: Dec 16, 2020 | Docket: 18747986

Published

motion for entitlement to attorney’s fees under section 57.105, Florida Statutes (2019), and then awarding

IVAN AGUILERA v. JOAO GABRIEL ALBERTO AGUILERA

District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726937

Published

after it granted a motion for sanctions under section 57.105, Florida Statutes (2019). They claim that when

CIKLIN LUBITZ v. TIMOTHY SCHENDEN

District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18706935

Published

agreement. Under the reciprocity provision in section 57.105(7), Florida Statutes (2019), the client had

JAMES S. LAVOLD, INC., etc. v. ORACLE ELEVATOR COMPANY, etc.

District Court of Appeal of Florida | Filed: Nov 18, 2020 | Docket: 18642899

Published

appeal awarding attorney’s fees pursuant to section 57.105, Florida Statutes (2020), fails to set forth

MERYL M. LANSON v. JUSTUS W. REID

District Court of Appeal of Florida | Filed: Nov 4, 2020 | Docket: 18615739

Published

the February 26, 2018 final judgment awarding section 57.105 attorney’s fees and section 57.041 costs in

Q.H. c/o AMY HILL v. SUNSHINE STATE HEALTH PLAN, INC.

District Court of Appeal of Florida | Filed: Oct 7, 2020 | Docket: 18512280

Published

(1) section 120.595(5), Florida Statutes; (2) section 57.105(5), Florida Statutes; (3) section 57.111, Florida

Q.H. c/o AMY HILL v. SUNSHINE STATE HEALTH PLAN, INC.

District Court of Appeal of Florida | Filed: Oct 7, 2020 | Docket: 18519690

Published

(1) section 120.595(5), Florida Statutes; (2) section 57.105(5), Florida Statutes; (3) section 57.111, Florida

CVP COMMUNITY CENTER, INC. v. MCCORMICK 105, LLC

District Court of Appeal of Florida | Filed: Aug 5, 2020 | Docket: 17415846

Published

declaration of condominium and the application of section 57.105(7), Florida Statutes (2014). While the lease

EARL W. JOHNSTON ROOFING, LLC. v. BARBARA HERNANDEZ

District Court of Appeal of Florida | Filed: May 27, 2020 | Docket: 17195213

Published

reserves jurisdiction to impose its’ own Section 57.105 sanctions on [the contractor] and/or

SAFECO INSURANCE COMPANY OF ILLINOIS, INC. v. REBECCA L. HEIKKA

District Court of Appeal of Florida | Filed: Mar 4, 2020 | Docket: 16925817

Published

plaintiff $300,000 as a second sanction under section 57.105, Florida Statutes (2017) (“the second fees

HOUSEHOLD FINANCE CORP., III v. ELIZABETH WILLIAMS

District Court of Appeal of Florida | Filed: Feb 19, 2020 | Docket: 16861542

Published

763 So. 2d 505, 506 (Fla. 4th DCA 2000). Section 57.105(7), Florida Statutes, allows courts to grant

LAW OFFICES OF FRED C. COHEN, P.A. v. H.E.C. CLEANING, LLC.

District Court of Appeal of Florida | Filed: Feb 5, 2020 | Docket: 16806370

Published

court’s final order striking the law firm’s section 57.105 motion against the former client and the former

JOHN W. HOPSON v. DEUTSCHE BANK NATIONAL TRUST CO., AS INDENTURE TRUSTEE

District Court of Appeal of Florida | Filed: Aug 28, 2019 | Docket: 16121866

Published

denying him attorney's fees pursuant to section 57.105(7), Florida Statutes (2018), in the foreclosure

CYNTHIA J. RENNICK and MANSON H. RENNICK v. WILMINGTON SAVINGS FUND SOCIETY, FSB, d/b/a CHRISTIANA TRUST, etc.

District Court of Appeal of Florida | Filed: Jul 3, 2019 | Docket: 15875069

Published

those documents through the reciprocity of section 57.105(7), Florida Statutes (2016). Based upon Deutsche

JAY RUSSELL SINGER v. NOREEN SINGER

District Court of Appeal of Florida | Filed: Jul 3, 2019 | Docket: 15875068

Published

was entitled to recover attorney’s fees under section 57.105, Florida Statutes (2015), and reserved jurisdiction

NATIONSTAR MORTGAGE LLC, ETC. and U.S BANK NATIONAL ASSOCIATION AS TRUSTEE, etc. v. FARSHADI FARAMARZ

275 So. 3d 668

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 15835854

Published

costs pursuant to the reciprocity provision of section 57.105(7), Florida Statutes (which renders a unilateral

DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE RALI 2006-QS6 v. TERRI P. PAGE

274 So. 3d 1116

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762839

Published

mortgage provided for attorney’s fees. Pursuant to section 57.105(7), Florida Statutes (2017), she argued entitlement

Erorentals, LLC v. Yu

275 So. 3d 746

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 64719847

Published

sought attorney's fees as a sanction1 under Section 57.105(1), Florida Statutes. There is similarly no

Erorentals, LLC v. Yu

275 So. 3d 746

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 64719848

Published

sought attorney's fees as a sanction1 under Section 57.105(1), Florida Statutes. There is similarly no

GEORGE P. VENEZIA and VICKY VENEZIA v. JP MORGAN MORTGAGE ACQUISITION

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658409

Published

attorney’s fees pursuant to the mortgage and section 57.105(7), Florida Statutes. The bank opposed the

VALENCIA GOLF AND COUNTRY CLUB HOMEOWNERS' ASSOCIATION, INC. v. COMMUNITY RESOURCE SERVICES, INC.

272 So. 3d 850

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658393

Published

745 (Fla. 4th DCA 2003))). The purpose of section 57.105 is to deter misuse of the judicial system

Levine v. Stimmel

272 So. 3d 847

District Court of Appeal of Florida | Filed: May 17, 2019 | Docket: 64715406

Published

the entitlement to fees for an unsuccessful section 57.105, Florida Statutes (2017), motion, we reverse

Levine v. Stimmel

272 So. 3d 847

District Court of Appeal of Florida | Filed: May 17, 2019 | Docket: 64715407

Published

the entitlement to fees for an unsuccessful section 57.105, Florida Statutes (2017), motion, we reverse

Fils-Aime v. Roberson

273 So. 3d 1112

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071936

Published

to file a motion for sanctions pursuant to section 57.105 because Roberson had wrongfully sought fees

DOMENIC GROSSO a/k/a DOMENIC L. GROSSO v. HSBC BANK USA, N.A.

275 So. 3d 642

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071953

Published

Note holder was to enforce the Note” and that section 57.105(7), Florida Statutes, made this provision applicable

ALEXANDER P. ALMAZAN, ESQ v. IN RE: ESTATE OF ALBERTO AGUILERA-VALDEZ, and IVAN AGUILERA

273 So. 3d 9

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071956

Published

Ultimately, the Estate served via email a section 57.105 motion for sanctions on the purported heir

Calatlantic Grp., Inc. v. Dau

268 So. 3d 265

District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 64710901

Published

entitled to such pursuant to the Declaration and section 57.105(7), Florida Statutes (2017). The trial court

Calatlantic Grp., Inc. v. Dau

268 So. 3d 265

District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 64710900

Published

entitled to such pursuant to the Declaration and section 57.105(7), Florida Statutes (2017). The trial court

CHERYL PELPHREY - WEIGAND v. ROBERT K. WEIGAND

District Court of Appeal of Florida | Filed: Apr 17, 2019 | Docket: 14950632

Published

award of fees and costs. He argued pursuant to section 57.105, Florida Statutes (2014), that Pelphrey-Weigand's

Barbeque Integrated, Inc. v. Win-Development, LLC

266 So. 3d 1291

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 64708613

Published

a motion for sanctions brought pursuant to section 57.105(4), Florida Statutes (2015), must be served

Barbeque Integrated, Inc. v. Win-Development, LLC

266 So. 3d 1291

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 64708614

Published

a motion for sanctions brought pursuant to section 57.105(4), Florida Statutes (2015), must be served

Deutsche Bank, Nat'l Trust Co. v. Quintela

268 So. 3d 156

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 64710853

Published

moved for attorneys' fees and costs pursuant to section 57.105(7), Florida Statutes (2015), because he prevailed

Deutsche Bank, Nat'l Trust Co. v. Quintela

268 So. 3d 156

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 64710852

Published

moved for attorneys' fees and costs pursuant to section 57.105(7), Florida Statutes (2015), because he prevailed

GERALD A. PAUL v. GADI AVRAHAMI

265 So. 3d 634

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560236

Published

seeking appellate fees as a sanction pursuant to section 57.105 are required to proceed pursuant to rule 9

Department Of Financial Services v. Choice Plus, Llc

263 So. 3d 304

District Court of Appeal of Florida | Filed: Feb 11, 2019 | Docket: 64702861

Published

dismissed within the safe harbor period in section 57.105(4), Florida Statutes, and before a motion for

Department Of Financial Services v. Choice Plus, Llc

263 So. 3d 304

District Court of Appeal of Florida | Filed: Feb 11, 2019 | Docket: 64702862

Published

dismissed within the safe harbor period in section 57.105(4), Florida Statutes, and before a motion for

State of Florida, Department etc. v. Choice Plus, LLC

District Court of Appeal of Florida | Filed: Feb 11, 2019 | Docket: 14545174

Published

dismissed within the safe harbor period in section 57.105(4), Florida Statutes, and before a motion for

GEORGE P. VENEZIA and VICKY VENEZIA v. JP MORGAN MORTGAGE ACQUISITION

District Court of Appeal of Florida | Filed: Feb 6, 2019 | Docket: 14537000

Published

attorney’s fees pursuant to the mortgage and section 57.105(7), Florida Statutes. JP Morgan opposed the

DOMENIC GROSSO a/k/a DOMENIC L. GROSSO v. HSBC BANK USA, N.A.

District Court of Appeal of Florida | Filed: Feb 6, 2019 | Docket: 14537001

Published

Note holder was to enforce the Note” and that section 57.105(7), Florida Statutes, made this provision applicable

Floyd v. Bank of Am., N.A.

262 So. 3d 270

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64701426

Published

that she is entitled to attorneys' fees under section 57.105(7), Florida Statutes (2018), because she prevailed

Floyd v. Bank of Am., N.A.

262 So. 3d 270

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64701425

Published

that she is entitled to attorneys' fees under section 57.105(7), Florida Statutes (2018), because she prevailed

Marie Ann Glass v. Nationstar Mortgage, LLC, etc.

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498537

Published

of Civil Procedure 1.525, the mortgage, and section 57.105(7), Florida Statutes (2014). Nationstar

Sandra Kent Wheaton v. Mardella Wheaton

261 So. 3d 1236

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498535

Published

addressed a motion for sanctions sought pursuant to section 57.105, Florida Statutes (2013). Matte

ALLEN HARRIS v. THE BANK OF NEW YORK MELLON

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 8462507

Published

recover fees under the mortgage contract and section 57.105(7), Florida Statutes (2014). Because record

KARLA RODRIGUEZ v. WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST A

270 So. 3d 367

District Court of Appeal of Florida | Filed: Dec 12, 2018 | Docket: 8395135

Published

and costs pursuant to the loan documents and section 57.105(7), Florida Statutes (2008). WSF moved

Laura Foxhall v. Portfolio Recovery Associates, LLC

260 So. 3d 450

District Court of Appeal of Florida | Filed: Nov 30, 2018 | Docket: 8343181

Published

requested reciprocal attorney’s fees pursuant to section 57.105(7), Florida Statutes. 1 Portfolio sought

DANIEL PANSKY v. VICTORIA PANSKY

259 So. 3d 872

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338763

Published

Associates, P.A.’s motion for sanctions under section 57.105(1), Florida Statutes (2015). Because the record

WELLS FARGO BANK, N.A. v. MICHAEL MOCCIA and DENISE C. MOCCIA

258 So. 3d 469

District Court of Appeal of Florida | Filed: Nov 7, 2018 | Docket: 8146144

Published

mortgage and the reciprocity provisions of section 57.105(7), Florida Statutes. We reverse. Following

Albritton v. Barness

254 So. 3d 1180

District Court of Appeal of Florida | Filed: Sep 14, 2018 | Docket: 64688697

Published

Florida Rule of Appellate Procedure 9.410 and section 57.105, Florida Statutes (2017). See Boca Burger,

WELLS FARGO BANK N.A. v. JOSEPH B. ELKIND a/k/a JOSEPH ELKIND

254 So. 3d 1153

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804254

Published

and costs pursuant to the loan documents and section 57.105, Florida Statutes. The bank argued in opposition

Mc Liberty Express v. All Points Services

252 So. 3d 397

District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619137

Published

appellees”), attorney’s fees and costs under section 57.105, Florida Statutes (2015). For the reasons that

Goersch v. City of Satellite Beach

252 So. 3d 309

District Court of Appeal of Florida | Filed: Jul 16, 2018 | Docket: 7531229

Published

a motion for sanctions served pursuant to section 57.105(4), Florida Statutes (2015), must be served

Sch. Bd. of Broward Cnty. v. C.B.

315 F. Supp. 3d 1312

District Court, S.D. Florida | Filed: Jul 9, 2018 | Docket: 64319124

Published

award attorneys' fees in an IDEA case under Fla. Stat. 57.105(5). The ALJ in this case awarded fees under

Atkin v. Kane

246 So. 3d 574

District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 7361268

Published

entitlement to attorney’s fees pursuant to section 57.105, Florida Statutes (2016) but deferred a determination

Sager v. Holgren

250 So. 3d 793

District Court of Appeal of Florida | Filed: Jun 28, 2018 | Docket: 64684262

Published

amended motion for fees brought pursuant to section 57.105, Florida Statutes. Appellant challenges that

GREEN EMERALD HOMES, L L C v. RESIDENTIAL CREDIT OPPORTUNITIES TRUST

256 So. 3d 211

District Court of Appeal of Florida | Filed: Jun 27, 2018 | Docket: 7292488

Published

under the mortgage 'so as to trigger section 57.105(7)'s reciprocity provision.' Only

Jedak Corp. v. Seabreeze Office Assoc.

248 So. 3d 242

District Court of Appeal of Florida | Filed: May 21, 2018 | Docket: 7000934

Published

sanctions should not be imposed pursuant to section 57.105, Florida Statutes, and this Court’s inherent

Madl v. Wells Fargo Bank

District Court of Appeal of Florida | Filed: May 14, 2018 | Docket: 6911558

Published

attorney’s fees pursuant to the mortgage and section 57.105(7), Florida Statutes (2015). Because there

MICHAEL J. DENINO & VINCENZA ABBATE - DENINO v. ANNA ABBATE

247 So. 3d 48

District Court of Appeal of Florida | Filed: May 4, 2018 | Docket: 6385926

Published

counsel with a motion and notice pursuant to section 57.105, Florida Statutes (2014),1 asserting that the

Jose Anthony Hernandez & Safeco Ins. Co. of Ill. v. Heikka

240 So. 3d 33

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 64675469

Published

Florida Statutes (2017) and as a sanction under section 57.105, Florida Statutes (2017). Although we agree

JOSE ANTHONY HERNANDEZ & SAFECO INSURANCE CO. OF ILLINOIS, etc. v. REBECCA L. HEIKKA

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354247

Published

Florida Statutes (2017) and as a sanction under section 57.105, Florida Statutes (2017). Although we agree

HSBC BANK USA v. DAVID MAGUA

243 So. 3d 983

District Court of Appeal of Florida | Filed: Mar 28, 2018 | Docket: 6348089

Published

pursuant to the reciprocity provision of section 57.105(7), the movant must establish that the

Kristopher Darwin Robinson v. Sabrina K. Robinson

248 So. 3d 174

District Court of Appeal of Florida | Filed: Mar 15, 2018 | Docket: 6335187

Published

imposing sanctions on the former husband under section 57.105, Florida Statutes, if and when the suit is

Nationstar Mortg., LLC v. Martins

240 So. 3d 732

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 64675900

Published

the mortgage and the reciprocal provision of section 57.105(7), Florida Statutes (2017). Because "[a] party

NATIONSTAR MORTGAGE, LLC v. JOSELITO L. MARTINS a/k/a JOSELITO MARTINS

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326621

Published

the mortgage and the reciprocal provision of section 57.105(7), Florida Statutes (2017). Because “[a] party

Key Biscayne Gateway Partners, Ltd. v. Village Council for the Village of Key Biscayne

240 So. 3d 84

District Court of Appeal of Florida | Filed: Feb 21, 2018 | Docket: 6311532

Published

awarding attorney’s fees as a sanction under section 57.105, Florida Statutes (2016), to the appellee,

M.Z. v. Carnival Corp.

239 So. 3d 756

District Court of Appeal of Florida | Filed: Feb 21, 2018 | Docket: 6311530

Published

Carnival’s motion for sanctions pursuant to section 57.105, Florida Statutes (2017), but Carnival did

Moore v. Estate of Flaire Mae Albee

239 So. 3d 192

District Court of Appeal of Florida | Filed: Feb 19, 2018 | Docket: 6322694

Published

denying his motion for attorney’s fees under section 57.105, Florida Statutes (2013). Moore argues that

FREDERICK SABIDO and JONELLE SABIDO v. THE BANK OF NEW YORK MELLON, ETC.

238 So. 3d 867

District Court of Appeal of Florida | Filed: Feb 7, 2018 | Docket: 6297817

Published

their basis for entitlement Florida Statute section 57.105(7) together with language in the mortgage providing

PNC Bank v. MDTR, LLC

243 So. 3d 456

District Court of Appeal of Florida | Filed: Jan 29, 2018 | Docket: 6300769

Published

and based on the reciprocity provisions of section 57.105(7), Florida Statutes (2015), 2 it was entitled

Nicole Lopez v. Sean Hall

Supreme Court of Florida | Filed: Jan 11, 2018 | Docket: 6259325

Published

whether an award of attorney’s fees pursuant to section 57.105, Florida Statutes (2013), is permissible in

Wells Fargo Bank v. Bird

District Court of Appeal of Florida | Filed: Jan 1, 2018 | Docket: 6259625

Published

provision in paragraph 22 of the mortgage and section 57.105(7), Florida Statutes (2006), because the mortgage

Madl v. Wells Fargo Bank, N.A.

244 So. 3d 1134

District Court of Appeal of Florida | Filed: Dec 29, 2017 | Docket: 64679794

Published

attorney's fees in accordance with the mortgage and section 57.105(7). As discussed in more detail below, we deny

Austin & Laurato, P.A. v. State Farm Florida Insurance Co.

229 So. 3d 911

District Court of Appeal of Florida | Filed: Nov 17, 2017 | Docket: 6229049

Published

sanction for filing a frivolous complaint under section 57.105(1), Florida Statutes (2012). The final judgment

JOSEPH MANZARO v. LINDA D'ALLESSANDRO

229 So. 3d 843

District Court of Appeal of Florida | Filed: Nov 1, 2017 | Docket: 6183881

Published

Appellant and his counsel. Pursuant to section 57.105(1), Florida Statutes (2016), Florida Rule of

Noel v. James B. Nutter & Co.

District Court of Appeal of Florida | Filed: Nov 1, 2017 | Docket: 6183866

Published

2 “safe harbor” provision of section 57.105(4), Florida Statutes (2016).1 Reverse Mortgage

Lana v. Assimakopoulos-Panuthos

228 So. 3d 709, 2017 WL 4764790

District Court of Appeal of Florida | Filed: Oct 20, 2017 | Docket: 6173163

Published

awarding sanctions against her pursuant to section 57.105, Florida Statutes (2015), and two other judgments

Goodman v. Goodman

District Court of Appeal of Florida | Filed: Oct 13, 2017 | Docket: 6169402

Published

sanctions against Ms. Goodman, pursuant to section 57.105, Florida Statutes, for proceeding with the

CHRISTIANA TRUST, ETC. v. SANDRA RUSHLOW

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142278

Published

the mortgage and the reciprocal provision of section 57.105(7), Florida Statutes (2015). As we recently

Pataro v. Pataro

224 So. 3d 824, 2017 WL 3400596, 2017 Fla. App. LEXIS 11438

District Court of Appeal of Florida | Filed: Aug 9, 2017 | Docket: 6135186

Published

the former wife’s claim for sanctions under section 57.105, Florida Statutes (2015). At the beginning

Provitola v. Comer

225 So. 3d 347, 2017 WL 3318008, 2017 Fla. App. LEXIS 11278

District Court of Appeal of Florida | Filed: Aug 4, 2017 | Docket: 6136499

Published

was entitled to recover attorney’s fees under section 57.105, Florida Statutes (2016). An order that determines

Lana v. Assimakopoulous-Panuthos

District Court of Appeal of Florida | Filed: Jun 23, 2017 | Docket: 6079352

Published

awarding sanctions against her pursuant to section 57.105, Florida Statutes (2015), and two other judgments

Isla Blue Development, LLC v. Moore

223 So. 3d 1097, 2017 WL 2561000

District Court of Appeal of Florida | Filed: Jun 14, 2017 | Docket: 6073809

Published

in which it sought attorney fees pursuant to section 57.105, Florida Statutes (2014), as a sanction against

Estimable v. Prophete

219 So. 3d 1001, 2017 WL 2457249, 2017 Fla. App. LEXIS 8325

District Court of Appeal of Florida | Filed: Jun 7, 2017 | Docket: 60266322

Published

court erred in sanctioning her pursuant to section 57.105, Florida Statutes (2015), and Rule 2.516. While

Gonzalez and Leal v. International Park Condominium I Assoc., Inc.

217 So. 3d 1128, 2017 WL 1494004, 2017 Fla. App. LEXIS 5755

District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 5784754

Published

party in action to enforce Declaration); and section 57.105, Florida Statutes (2014) (fees for frivolous

Boatright v. Philip Morris USA, Inc.

218 So. 3d 962, 2017 WL 1363915, 2017 Fla. App. LEXIS 5018

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 4684136

Published

motion for sanctions on plaintiff pursuant to section 57.105, Florida Statutes (2013), shortly after being

Boatright v. Philip Morris USA, Inc.

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 4820256

Published

motion for sanctions on plaintiff pursuant to section 57.105, Florida Statutes (2013), shortly after being

Zenith Insurance Co. v. Metrobank S.A.

215 So. 3d 135, 2017 Fla. App. LEXIS 3799

District Court of Appeal of Florida | Filed: Mar 22, 2017 | Docket: 4620355

Published

and its counsel threatened sanctions under section 57.105, Florida Statutes (2016), if Metrobank persisted

Wheaton v. Wheaton

217 So. 3d 125, 2017 WL 608523, 2017 Fla. App. LEXIS 2031

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 4585352

Published

attorney’s fees sought as a sanction pursuant to section 57.105(4), Florida Statutes (2013), because the motion

International Fidelity Insurance Co. v. Americaribe-Moriarity JV

234 F. Supp. 3d 1242, 2017 U.S. Dist. LEXIS 125339, 2017 WL 668898

District Court, S.D. Florida | Filed: Feb 14, 2017 | Docket: 64312676

Published

Plaintiffs contend that the Subcontract and Section 57.105(7) of the Florida Statutes entitle Plaintiffs

Smilack v. Elie

211 So. 3d 125, 2017 Fla. App. LEXIS 1175

District Court of Appeal of Florida | Filed: Feb 1, 2017 | Docket: 60262532

Published

Richard G. Elie and imposing sanctions under section 57.105(1), Florida Statutes (2013). We affirm the

Sand Lake Hills Homeowners Ass'n v. Busch

210 So. 3d 706, 2017 Fla. App. LEXIS 568

District Court of Appeal of Florida | Filed: Jan 20, 2017 | Docket: 60294195

Published

provisions and that the reciprocal provisions of section 57.105(7), Florida Statutes (2015), entitled the Busches

State of Florida, Agency For Health Care Adm. v. Planned Parenthood of Southwest etc.

207 So. 3d 1032, 2017 Fla. App. LEXIS 518

District Court of Appeal of Florida | Filed: Jan 19, 2017 | Docket: 4570153

Published

complaint within the safe harbor provision of section 57.105(4), Florida Statutes). This court reasoned

Sand Lake Hills v. Busch

210 So. 3d 706

District Court of Appeal of Florida | Filed: Jan 16, 2017 | Docket: 4578115

Published

fictitious claim. 1. The ARD Case and Section 57.105(7), Florida Statutes. “It is well-settled

Boswell v. Shirley's Personal Care Services of Okeechobee, Inc.

211 So. 3d 210, 2017 WL 33670, 2017 Fla. App. LEXIS 46

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 60262556

Published

motion upon the contract’s fee provision and section 57.105(7), Florida Statutes (2013). They also requested

Buckingham Estates Homeowners Ass'n v. Metcalf

207 So. 3d 966, 2016 Fla. App. LEXIS 18793

District Court of Appeal of Florida | Filed: Dec 19, 2016 | Docket: 4560332

Published

Metcalfs pending motion for sanctions under section 57.105, Florida Statutes (2016). Because we conclude

Buckingham Estates Homeowners Ass'n v. Metcalf

207 So. 3d 966, 2016 Fla. App. LEXIS 18793

District Court of Appeal of Florida | Filed: Dec 19, 2016 | Docket: 4560332

Published

Metcalfs pending motion for sanctions under section 57.105, Florida Statutes (2016). Because we conclude

Wash v. Ferdinand

206 So. 3d 810, 2016 Fla. App. LEXIS 17895

District Court of Appeal of Florida | Filed: Dec 2, 2016 | Docket: 63631163

Published

between Appellant and his counsel as required by section 57.105, Florida Statutes (2014). AFFIRMED IN PART;

Bank of America, N.A. v. Hamdija Turkanovic

204 So. 3d 595, 2016 Fla. App. LEXIS 17766

District Court of Appeal of Florida | Filed: Dec 1, 2016 | Docket: 4547464

Published

this case within the safe harbor period in section 57,105(4), Florida Statutes, and before Respondent

Jarrette Bay Investments Corp. v. BankUnited, N.A.

207 So. 3d 345, 2016 Fla. App. LEXIS 17681

District Court of Appeal of Florida | Filed: Nov 30, 2016 | Docket: 4546366

Published

BankUnited served Plaintiffs, pursuant to section 57.105(4) of the Florida Statutes, with a motion asserting

Wash v. Ferdinand

District Court of Appeal of Florida | Filed: Nov 28, 2016 | Docket: 4550607

Published

between Appellant and his counsel as required by section 57.105, Florida Statutes (2014). AFFIRMED IN

Infiniti Employment Solutions, Inc. v. MS Liquidators of Arizona, LLC

204 So. 3d 550, 2016 Fla. App. LEXIS 16565

District Court of Appeal of Florida | Filed: Nov 4, 2016 | Docket: 4487376

Published

.fees .and delay damages filed pursuant to section 57.105, Florida Statutes (2013). For the following

Zurro v. Wells Fargo Bank, N.A.

209 So. 3d 27, 2016 Fla. App. LEXIS 16161

District Court of Appeal of Florida | Filed: Nov 2, 2016 | Docket: 4484819

Published

purposes of this provision. Florida Statutes Section 57.105(7) provides for the reciprocal recovery of

Zurro v. Wells Fargo Bank, N.A.

209 So. 3d 27, 2016 Fla. App. LEXIS 16161

District Court of Appeal of Florida | Filed: Nov 2, 2016 | Docket: 4484819

Published

purposes of this provision. Florida Statutes Section 57.105(7) provides for the reciprocal recovery of

HSBC Bank USA v. Frenkel, Etc.

208 So. 3d 156, 2016 Fla. App. LEXIS 15132

District Court of Appeal of Florida | Filed: Oct 13, 2016 | Docket: 4478839

Published

both on the mortgage’s fee provision and on section 57.105(7) of the Florida Statutes. 2 Frenk-el

H & R Block Bank v. Perry

205 So. 3d 776, 2016 Fla. App. LEXIS 13525

District Court of Appeal of Florida | Filed: Sep 9, 2016 | Docket: 60294189

Published

judgment for attorney’s fees and costs pursuant to section 57.105, Florida Statutes (2014). The order and judgment

H&R Block Bank v. Perry

205 So. 3d 776

District Court of Appeal of Florida | Filed: Sep 9, 2016 | Docket: 4422982

Published

attorney's fees and costs pursuant to section 57.105, Florida Statutes (2014). The order and judgment

Peter v. Osorio-Khor

198 So. 3d 941, 2016 Fla. App. LEXIS 11720, 2016 WL 4132660

District Court of Appeal of Florida | Filed: Aug 3, 2016 | Docket: 60256512

Published

appellant’s motion for attorney’s fees pursuant to section 57.105, Florida Statutes, against appellee Karlene

Hall v. Lopez

213 So. 3d 1003, 2016 Fla. App. LEXIS 11493

District Court of Appeal of Florida | Filed: Jul 28, 2016 | Docket: 60263429

Published

trial court’s order denying his motion for section 57.105 attorney’s fees and sanctions. We agree with

Laura M. Watson, Stephen Rakusin, and the Rakusin Law Firm v. Stewart Tilghman Fox & Bianchi, P.A., William C. Hearon, P.A., Todd S. Stewart, P.A., Larry S. Stewart, individually, and William C. Hearon, individually

195 So. 3d 1163, 2016 Fla. App. LEXIS 9993, 2016 WL 3540959

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088359

Published

Ap-pellees’ motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2014). Although we reverse

Powers v. Powers

193 So. 3d 1047, 2016 WL 3216555, 2016 Fla. App. LEXIS 8946

District Court of Appeal of Florida | Filed: Jun 10, 2016 | Docket: 3077244

Published

also moved for attorneys’ fees pursuant to section 57.105, Florida Statutes (2014), which was also denied

Florida Community Bank, N.A. v. Red Road Residential, LLC

197 So. 3d 1112, 2016 WL 3176813, 2016 Fla. App. LEXIS 8780

District Court of Appeal of Florida | Filed: Jun 8, 2016 | Docket: 3071054

Published

the 21-day “safe harbor notice” required by section 57.105(4), Ada Rios filed a 57.105 motion seeking

Serra v. Brown

192 So. 3d 684, 2016 WL 3125518, 2016 Fla. App. LEXIS 8479

District Court of Appeal of Florida | Filed: Jun 3, 2016 | Docket: 3069705

Published

awarding attorney’s fees to Mary Brown pursuant to section 57.105(1), Florida Statutes (2014). The order

Clautide Jean-Pierre, James Jean-Pierre, and Reynold Jean-Pierre v. Madeline Glaberman

192 So. 3d 613, 2016 WL 3010462, 2016 Fla. App. LEXIS 7974

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3071399

Published

appel-lee’s motion for attorney’s fees pursuant to section 57.105. We affirm the first, two orders without discussion

Randall B. Johnson v. Department of Corrections

191 So. 3d 965, 2016 Fla. App. LEXIS 7215, 2016 WL 2755849

District Court of Appeal of Florida | Filed: May 12, 2016 | Docket: 3063394

Published

thus not subject to attorney's fee award under § 57.105(5), Fla. Stat.).

Hibbs Grove Plantation Homeowners Association, Inc. v. Avraham Aviv and Helen Aviv

193 So. 3d 977, 2016 WL 2745007, 2016 Fla. App. LEXIS 7201

District Court of Appeal of Florida | Filed: May 11, 2016 | Docket: 3071438

Published

Homeowners were entitled to attorney’s fees as section 57.105 sanctions. The court also awarded Homeowners

U.S. Bank National Ass'n v. Rivera

193 So. 3d 954, 2016 WL 1658770, 2016 Fla. App. LEXIS 6348

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3058473

Published

conclude that where a defendant has filed a section 57.105 motion before an action is dismissed and the

Anderson v. McDonough

189 So. 3d 266, 2016 WL 1386145, 2016 Fla. App. LEXIS 5390

District Court of Appeal of Florida | Filed: Apr 8, 2016 | Docket: 3052076

Published

However, the Estate does not properly invoke section 57.105, Florida Statutes (2011); Anderson was never

Daniel E. Kowallek v. Lee Rehm, Port St. Lucie Police Department, City of Port St. Lucie, Florida Power & Light Company and Asplundh Tree Expert Company

189 So. 3d 262, 2016 WL 1366902, 2016 Fla. App. LEXIS 5301

District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 3051142

Published

Tree Expert Company (“the appel-lees”) as a section 57.105 sanction for filing a frivolous lawsuit. We

Casey v. Jensen

189 So. 3d 924, 2016 Fla. App. LEXIS 4445, 2016 WL 1125180

District Court of Appeal of Florida | Filed: Mar 23, 2016 | Docket: 3047088

Published

the petition, then sought fees pursuant to section 57.105, Florida Statutes (2010). Finding Casey’s claim

Blinn v. Florida Power & Light Company

189 So. 3d 227, 2016 Fla. App. LEXIS 4000, 2016 WL 1038543

District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044934

Published

Company (FP & L) attorney’s fees pursuant to section 57.105(1), Florida Statutes (2013), after Blinn voluntarily

The Lake Hamilton Lakeshore Owners Association, Inc. v. Neidlinger

198 So. 3d 736, 2016 Fla. App. LEXIS 2665, 2016 WL 716360

District Court of Appeal of Florida | Filed: Feb 24, 2016 | Docket: 3038721

Published

Mr. Neidlinger attorney’s fees pursuant to section 57.105, Florida Statutes (2014). The Asso *737

Wells v. Halmac Development, Inc.

184 So. 3d 620, 2016 Fla. App. LEXIS 1396, 2016 WL 403181

District Court of Appeal of Florida | Filed: Feb 3, 2016 | Docket: 3033841

Published

seeking appellate attorneys’ - fees pursuant to' section 57.105, Florida Statutes (2013). On July 10, 2013

Grand Reserve at Tampa Condominium Association, Inc. v. HSBC Bank USA

189 So. 3d 187

District Court of Appeal of Florida | Filed: Jan 29, 2016 | Docket: 3032376

Published

imposition of costs the circuit court awarded under section 57.105, Florida Statutes (2014), as this statute "does

HSBC Bank USA, N.A. v. Biscayne Point Condominium Assoc.

184 So. 3d 606, 2016 Fla. App. LEXIS 1002, 2016 WL 314100

District Court of Appeal of Florida | Filed: Jan 27, 2016 | Docket: 3031223

Published

Florida Rule of Appellate Procedure 9.410 and section-57.105, Florida Statutes (2014). The Clerk is directed

Department of Revenue Ex Rel. Cowie v. Orlowski

184 So. 3d 1200, 2016 Fla. App. LEXIS 246, 2016 WL 90784

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026055

Published

challenges the award of attorney’s fees pursuant to section 57.105, Florida Statutes. We reverse and remand to

Citizens Property Insurance Corp. v. Pulloquinga

183 So. 3d 1134, 2015 Fla. App. LEXIS 19453, 2015 WL 9584387

District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 3024840

Published

Citizens accused Pulloquinga of arson, threatened Section 57.105 sanctions and claimed there was no coverage

Ruth Cosner and Law Firm of Topkin & Partlow v. Michael Park

178 So. 3d 964, 2015 Fla. App. LEXIS 17904, 2015 WL 7571466

District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 3015995

Published

incurred in defending this appeal pursuant to section 57.105, Florida Statutes (2013). “[I]t is well settled

Heldt-Pope v. Thibault

198 So. 3d 650, 2015 Fla. App. LEXIS 17048, 2015 WL 7074662

District Court of Appeal of Florida | Filed: Nov 13, 2015 | Docket: 3012525

Published

Thomas Thibault attorney’s fees and costs under section 57.105(1), Florida Statutes (2011). The statute operates

Washington A. Sena v. Carlos Pereira

179 So. 3d 433, 2015 Fla. App. LEXIS 16973, 2015 WL 7245880

District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 3011944

Published

tenant’s claims were frivolous. See § 57.105(1), Florida Statutes (2018). Although we affirm

Lopez v. Department of Revenue

201 So. 3d 119, 2015 Fla. App. LEXIS 14477

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 2863183

Published

for Attorney’s Fees and Costs Pursuant to Fla. Stat. 57.105.” While Lopez’s 57.105 Motion was served on

Estrada v. Tower Hill Select Insurance Co.

179 So. 3d 348, 2015 WL 5709408

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 60251741

Published

motion for attorney’s fees and costs pursuant to section 57.105, Florida Statutes (2013). We affirm on' this

Estrada v. Tower Hill Select Insurance Company

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 2863177

Published

attorney's fees and costs pursuant to section 57.105, Florida Statutes (2013). We affirm on this

Jackson v. Jackson

177 So. 3d 639, 2015 Fla. App. LEXIS 13911, 2015 WL 5472870

District Court of Appeal of Florida | Filed: Sep 18, 2015 | Docket: 2818061

Published

Defendant is entitled to fees under Florida Statute § 57.105 in the amount of $8,073.62 and directs the Defendant

Allstate Insurance Company v. United Services Automobile Association a/k/a USAA, Melanie Manzo-Pianelli and Alana Proctor

174 So. 3d 622, 2015 Fla. App. LEXIS 13809, 2015 WL 5438521

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808053

Published

attorney’s fees and costs as a sanction, pursuant to section 57.105, Florida Statutes (2014). 3

Aghion v. Franco Investments, LLC

174 So. 3d 578, 2015 Fla. App. LEXIS 13060, 2015 WL 5139637

District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690038

Published

Florida Rule of Appellate Procedure 9.410 and section 57.105(1), Florida Statutes (2014), incurred defending

Aspen Air Conditioning, Inc. v. Safeco Insurance Co. of America

170 So. 3d 892, 2015 Fla. App. LEXIS 11041, 2015 WL 4464404

District Court of Appeal of Florida | Filed: Jul 22, 2015 | Docket: 2679151

Published

Florida Rule of Appellate Procedure 9.410 and section 57.105(1), Florida Statutes (2014), Appellee, Safeco

Mary C. Fanelli v. HSBC Bank USA

170 So. 3d 72, 2015 Fla. App. LEXIS 8476, 2015 WL 3486692

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2679288

Published

to Florida Rule of Civil Procedure 1.525 and section 57.105(7), Florida Statutes (2014). The trial court

Shirley's Personal Care Services of Okeechobee, Inc. v. Tammy Boswell, an individual Jerry Hernandez, an individual Rebekah Brague, an individual Marilyn Pryor, an individual, and All About You Caregivers, Inc.

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2679283

Published

based on the contract’s provision for fees, and section 57.105(7), Florida Statutes (2013), which allows for

MacAlister v. Beavis Construction, Inc.

164 So. 3d 773, 2015 Fla. App. LEXIS 7955, 2015 WL 3404021

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2659827

Published

was entitled to fees and costs pursuant to section 57.105, Florida Statutes (2012), and erred in its

Grove Key Marina v. Casamayor v. City of Miami

166 So. 3d 879, 2015 Fla. App. LEXIS 7977

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2659842

Published

and 192.0105(3)(g) of the Florida Statutes. Section 57.105(1) provides: (1) Upon the court’s initiative

Hernandez v. G & L Tire Fleet Service

163 So. 3d 1224, 2015 Fla. App. LEXIS 7255, 2015 WL 2261515

District Court of Appeal of Florida | Filed: May 15, 2015 | Docket: 2657317

Published

court may assess attorneys’ fees pursuant to section 57.105, Florida Statutes). An e-mail address contained

Maestrales v. Flaherty

183 So. 3d 1036, 2015 Fla. App. LEXIS 5196, 2015 WL 1609917

District Court of Appeal of Florida | Filed: Apr 10, 2015 | Docket: 60252910

Published

Appellee’s motion for sanctions pursuant to section 57.105, Florida Statutes (2013), is granted. The case

Law v. Law

163 So. 3d 553, 2015 Fla. App. LEXIS 4698, 2015 WL 1449763

District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2646055

Published

appeals from an order denying her motion for a section 57.105 fee award against Radhert, Steele, Reynolds

Florida Department of Revenue Ex Rel. James v. James

159 So. 3d 973, 2015 Fla. App. LEXIS 3837

District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 2642416

Published

Department may be assessed attorney’s fees under section 57.105(1), Florida Statutes. § 61.16(1). In this case

Dan Pronman, Gary Pronman and Mark P. Bockstein v. Brian Styles and Movie Star Musclecars, Inc.

163 So. 3d 535, 2015 Fla. App. LEXIS 3037, 2015 WL 894245

District Court of Appeal of Florida | Filed: Mar 4, 2015 | Docket: 2639012

Published

conjunction with a motion filed pursuant to section 57.105 of the Florida Statutes. Appellants, Dan Pronman

Ospina Garrido v. Miami-Dade Police Department

170 So. 3d 810

District Court of Appeal of Florida | Filed: Feb 25, 2015 | Docket: 2636920

Published

under both section 932.704(10) 7 and section 57.105 8 , 9 of the *815

Ospina Garrido v. Miami-Dade Police Department

170 So. 3d 810

District Court of Appeal of Florida | Filed: Feb 25, 2015 | Docket: 2636920

Published

under both section 932.704(10) 7 and section 57.105 8 , 9 of the *815

Stephen H. Snider v. Mary Lou Snider Metcalfe, etc., and Randy Ransom Culler, etc.

157 So. 3d 422, 2015 Fla. App. LEXIS 1427, 2015 WL 444497

District Court of Appeal of Florida | Filed: Feb 4, 2015 | Docket: 2631119

Published

46 So.3d 1175 (Fla. 2d DCA 2010) (motion for section 57.105 attorney’s fees); Berne v. Beznos, 819 So.2d

Creamer v. BAC Home Loans Servicing, LP

159 So. 3d 168, 2015 Fla. App. LEXIS 1200, 2015 WL 416441

District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 2629745

Published

fees under the prevailing party provisions of section 57.105(7), Florida Statutes, and the mortgage agreement

Creamer v. BAC Home Loans Servicing, LP

159 So. 3d 168, 2015 Fla. App. LEXIS 1200, 2015 WL 416441

District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 2629745

Published

fees under the prevailing party provisions of section 57.105(7), Florida Statutes, and the mortgage agreement

B.W.P. v. A.L.H.

155 So. 3d 1229, 2015 Fla. App. LEXIS 813, 2015 WL 292024

District Court of Appeal of Florida | Filed: Jan 23, 2015 | Docket: 60245583

Published

awarding attorney’s fees to A.L.H. pursuant to section 57.105, Florida Statutes (2012). The court found that

B.W.P. v. A.L.H.

District Court of Appeal of Florida | Filed: Jan 23, 2015 | Docket: 2627249

Published

attorney's fees to A.L.H. pursuant to section 57.105, Florida Statutes (2012). The court found that

Lowell Amey Van Vechten, as personal representative and trustee of the Estate of Nicola H. Amey v. Erica Anyzeski, as personal representative of the Estate of Milton Lain Benjamin

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 2626281

Published

inherent authority of [the] Court and Florida Statute § 57.105, order [the beneficiary] to pay [the trustee’s]

Brian Kelly a/k/a Brian K. Kelly v. BankUnited

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621573

Published

purposes of entitlement to attorneys’ fees under section 57.105(7), Florida Statutes. Accordingly, we reverse

U.S. Bank National Association etc. v. Nicholas F. Farhood a/k/a Nicholas F. Farhood

153 So. 3d 955

District Court of Appeal of Florida | Filed: Dec 15, 2014 | Docket: 2615397

Published

litigation are already established. See § 57.105(2), Fla. Stat. (award of attorney’s fees and costs

Sherron v. CTX Mortgage Co.

151 So. 3d 1281, 2014 Fla. App. LEXIS 20161, 2014 WL 6990545

District Court of Appeal of Florida | Filed: Dec 12, 2014 | Docket: 60244422

Published

incurred by Appellees in this appeal, pursuant to section 57.105(1), Florida Statutes. The trial court is to

Reznek v. Chase Home Finance, LLC

152 So. 3d 793, 2014 Fla. App. LEXIS 20023, 2014 WL 6948509

District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 2613273

Published

APPELLANT’S MOTION FOR ATTORNEY’S FEES PURSUANT TO SECTION 57.105(1) AND (4) SCALES, J. Dorit Reznek

PHILLIP S. LANE v. Workforce Business Services, Inc. etc., etal

151 So. 3d 537, 2014 WL 5836805

District Court of Appeal of Florida | Filed: Nov 11, 2014 | Docket: 2595564

Published

which denies an award of attorney’s fees under section 57.105, Florida Statutes (2013), as well as the reimbursement

Nordt v. Nordt

159 So. 3d 133, 2014 Fla. App. LEXIS 16835, 2014 WL 5151622

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 1447563

Published

and write only to address the imposition of section 57.105.(1), Florida Statutes (2010) 1, fees against

Schwades v. America's Wholesale Lender

146 So. 3d 150, 2014 Fla. App. LEXIS 13739, 2014 WL 4374891

District Court of Appeal of Florida | Filed: Sep 5, 2014 | Docket: 60242858

Published

the appellant and Bosecker to pay Sun-Bank section 57.105(1), Florida Statutes, *151attorney’s fees based

Gloria Ann Stratton v. Port St. Lucie MGT, LLC d/b/a Emerald Health Care Center

149 So. 3d 100, 2014 Fla. App. LEXIS 13664, 2014 WL 4327933

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150934

Published

accordingly, as the prevailing party, under section 57.105(7), Florida Statutes (2008), she is entitled

Creamer v. BAC Home Loans Servicing, LP

District Court of Appeal of Florida | Filed: Aug 29, 2014 | Docket: 1178683

Published

fees under the prevailing party provisions of section 57.105(7), Florida Statutes, and the mortgage agreement

Phillips v. Garcia

147 So. 3d 569, 2014 WL 3930138, 2014 Fla. App. LEXIS 12447

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 932291

Published

denying her motion for fees made pursuant to section 57.105, Florida Statutes (2009). 1 The

Pomeranz & Landsman Corp. v. Miami Marlins Baseball Club, L.P.

143 So. 3d 1182, 2014 WL 3928401, 2014 Fla. App. LEXIS 12434

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 936947

Published

hear the pending motion for sanctions under section 57.105, Florida Statutes (2013). The motion for sanctions

Hardey v. Shell

144 So. 3d 668, 2014 WL 3929140, 2014 Fla. App. LEXIS 12408

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 935068

Published

motion for attorneys’ fees on the basis of section 57.105(1), Florida Statutes (2009). In April 2012

Centennial Bank v. Nabavi (In re Nabavi)

514 B.R. 895

District Court, M.D. Florida | Filed: Aug 12, 2014 | Docket: 65516843

Published

contains a fee provision, and based on Fla. Stat. § 57.105(7), which makes all attorney’s fee provisions

Tunison v. Bank of America, N.A.

144 So. 3d 588, 2014 Fla. App. LEXIS 11618, 2014 WL 3734311

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 384422

Published

the mortgage. The motion also did not mention section 57.105(7), Florida Statutes (2011), which provides

Portman v. Horwitz

143 So. 3d 973, 2014 Fla. App. LEXIS 10507, 2014 WL 3302757

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 60242417

Published

his motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2013). Because we find that

Portman v. Horwitz

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 752102

Published

his motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2013). Because we find

Miccosukee Tribe of Indians of South Florida v. Bermudez

145 So. 3d 157, 2014 WL 2965411, 2014 Fla. App. LEXIS 10169

District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 434341

Published

482 (Fla. 3d DCA 2000) (attorney’s fees under section 57.105, Florida Statutes); Lage v. Blanco,

Exposito v. Public Health Trust of Miami-Dade County

141 So. 3d 663, 2014 WL 2866414, 2014 Fla. App. LEXIS 9233

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60242004

Published

attorney's fees and costs to Ms. Expósito under section 57.105, Florida Statutes (2011), and Florida Rule

In re Sagamore Partners, Ltd.

512 B.R. 296, 2014 U.S. Dist. LEXIS 24499, 2014 WL 794333

District Court, S.D. Florida | Filed: Feb 26, 2014 | Docket: 65516811

Published

436, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983)). Section 57.105(7), Fla. Stat., further complicates the inquiry

Shadwick v. Shadwick

132 So. 3d 915, 2014 WL 594369, 2014 Fla. App. LEXIS 2024

District Court of Appeal of Florida | Filed: Feb 14, 2014 | Docket: 60238582

Published

costs and suit monies as a sanction” under section 57.105, Florida Statutes (2012). The court directed

Jenkins v. Plaza 3000, Inc.

134 So. 3d 1127, 2014 WL 537494, 2014 Fla. App. LEXIS 1838

District Court of Appeal of Florida | Filed: Feb 12, 2014 | Docket: 60239042

Published

moved to dismiss and asked for sanctions under section 57.105, Florida Statutes. The court granted the motion

Palm Beach Polo Holdings, Inc. v. Stewart Title Guaranty Co.

134 So. 3d 1073, 2014 WL 51929, 2014 Fla. App. LEXIS 153

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60239026

Published

attorneys’ fees to the insurer, pursuant to section 57.105, Florida Statutes (2012). Multiple issues are

Viering v. Florida Commission on Human Relations ex rel. Watson

128 So. 3d 967, 2013 WL 6865406, 2013 Fla. App. LEXIS 20732

District Court of Appeal of Florida | Filed: Dec 31, 2013 | Docket: 60237246

Published

30 does not apply to a motion for fees under section 57.105, Florida Statutes (2012)); Sardón Found, v

A.L. ex rel. P.L.B. v. Jackson County School Board

127 So. 3d 758, 2013 WL 6171309, 2013 Fla. App. LEXIS 18798

District Court of Appeal of Florida | Filed: Nov 26, 2013 | Docket: 60236847

Published

material facts. § 57.105(1), Fla. Stat. (2012). The judge acknowledged that section 57.105 applied only

Culbreath Isles Property Owners Ass'n v. Travelers Casualty & Surety Co. of America

982 F. Supp. 2d 1298, 2013 WL 6038044, 2013 U.S. Dist. LEXIS 163464

District Court, M.D. Florida | Filed: Nov 5, 2013 | Docket: 65995472

Published

and, thus, they were entitled to fees under section 57.105, Florida Statutes. For the first time, on July

Cacho v. Bank of New York Mellon

124 So. 3d 943, 2013 WL 5339047, 2013 Fla. App. LEXIS 15207

District Court of Appeal of Florida | Filed: Sep 25, 2013 | Docket: 60235582

Published

the Mortgage’s Paragraph 24, then pursuant to Section 57.105(7), the Defendant is entitled to attorney’s

Atlanta Capital Partners v. Quamtel

121 So. 3d 650, 2013 WL 4821450, 2013 Fla. App. LEXIS 14449

District Court of Appeal of Florida | Filed: Sep 11, 2013 | Docket: 60234477

Published

whether the appellant was entitled to fees under section 57.105, Florida Statutes (2011). Despite the appellant

United Automobile Insurance Co. v. Doctor Rehab Center, Inc.

121 So. 3d 66, 2013 WL 4525732, 2013 Fla. App. LEXIS 13695

District Court of Appeal of Florida | Filed: Aug 28, 2013 | Docket: 60234481

Published

friv*67olous, United Auto sought attorneys’ fees under section 57.105, Florida Statutes (2011). On October 12, 2011

N.S. v. Department of Children & Families

119 So. 3d 558, 2013 WL 4605542, 2013 Fla. App. LEXIS 13931

District Court of Appeal of Florida | Filed: Aug 26, 2013 | Docket: 60233671

Published

for attorney’s fees as sanctions, pursuant to section 57.105, Florida Statutes (2012), against the Department

Parris v. Cummins Power South

118 So. 3d 967, 2013 Fla. App. LEXIS 12596, 2013 WL 4080773

District Court of Appeal of Florida | Filed: Aug 13, 2013 | Docket: 60233511

Published

Florida Statutes, the imposition of fees under section 57.105, Florida Statutes, becomes unnecessary. .

Carvajal v. Banc of America Investment Serv., Inc.

122 So. 3d 393, 2013 WL 3927684, 2013 Fla. App. LEXIS 12009

District Court of Appeal of Florida | Filed: Jul 31, 2013 | Docket: 60234667

Published

be entitled to attorney’s fees pursuant to section 57.105(7), Florida Statutes (2012). BAIS asserted

Jenkins v. Southland Mall, Inc.

117 So. 3d 1202, 2013 WL 3197156, 2013 Fla. App. LEXIS 10096

District Court of Appeal of Florida | Filed: Jun 26, 2013 | Docket: 60232580

Published

litigant, and imposing sanctions pursuant to section 57.105 of the Florida Statutes. We dismiss the appeal

Vivot v. Bank of America, NA

115 So. 3d 428, 2013 Fla. App. LEXIS 9052, 2013 WL 2451350

District Court of Appeal of Florida | Filed: Jun 7, 2013 | Docket: 60232182

Published

the provisions of the note and mortgage and section 57.105(7), Florida Statutes (2005). After a hearing

Florida State University, Board of Trustees v. Monk

112 So. 3d 173, 2013 WL 1926404, 2013 Fla. App. LEXIS 7600

District Court of Appeal of Florida | Filed: May 10, 2013 | Docket: 60231013

Published

appellant’s motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2009), finding no abuse

Albelo v. Southern Oak Insurance Co.

197 So. 3d 63, 2013 Fla. App. LEXIS 1747, 2013 WL 440199

District Court of Appeal of Florida | Filed: Feb 6, 2013 | Docket: 60256298

Published

award of appellate attorney fees pursuant to section 57.105(1), Florida Statutes (2011). Upon issuance

Spencer Estates of Florida, LLC v. Havill

125 So. 3d 795, 2012 WL 6719463, 2012 Fla. App. LEXIS 22159

District Court of Appeal of Florida | Filed: Dec 28, 2012 | Docket: 60236071

Published

case is to seek fees and costs pursuant to section 57.105, Florida Statutes, in the new litigation challenging

J.P. Morgan Mortgage Acquisition Corp. v. Golden

98 So. 3d 220, 2012 WL 4465525, 2012 Fla. App. LEXIS 16466, 37 Fla. L. Weekly Fed. D 2298

District Court of Appeal of Florida | Filed: Sep 28, 2012 | Docket: 60312237

Published

Conklin prayed for attorney’s fees pursuant to section 57.105(7), Florida Statutes (2008), and the prevailing

Swan Landing Development, LLC v. First Tennessee Bank National Ass'n

97 So. 3d 326, 2012 WL 4093867, 2012 Fla. App. LEXIS 15744

District Court of Appeal of Florida | Filed: Sep 19, 2012 | Docket: 60311773

Published

Bank, National Association (the Bank) under section 57.105, Florida Statutes (2010). In awarding the fees

Akande v. Balfour Beatty Construction, Ltd.

91 So. 3d 938, 2012 WL 2865774, 2012 Fla. App. LEXIS 11109

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60310043

Published

fees against appellant and his attorneys under section 57.105, Florida Statutes (2010), and Florida Rule

Arthur W. Tifford, P.A. v. Litigation Concepts, L.C.

89 So. 3d 1072, 2012 WL 2011964, 2012 Fla. App. LEXIS 8880

District Court of Appeal of Florida | Filed: Jun 6, 2012 | Docket: 60308518

Published

each party’s motion for sanctions pursuant to section 57.105, Florida Statutes (2010), finding no abuse

Cox v. Great American Insurance

88 So. 3d 1048, 2012 WL 1934409, 2012 Fla. App. LEXIS 8741

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60308122

Published

not be recovered when the basis for fees was section 57.105, Florida Statutes (2010). Wood, 54 So.3d at

Cox v. Great American Insurance

88 So. 3d 1048, 2012 WL 1934409, 2012 Fla. App. LEXIS 8741

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60308122

Published

not be recovered when the basis for fees was section 57.105, Florida Statutes (2010). Wood, 54 So.3d at

University of Miami v. Exposito ex rel. Gonzales

87 So. 3d 803, 2012 WL 1448963, 2012 Fla. App. LEXIS 6544

District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 60308049

Published

fees against appellants as a sanction under Section 57.105, Fla. Stat., and Rule 9.410, Fla. RApp. P.

United States ex rel. Rural Development v. Wonders

86 So. 3d 544, 2012 WL 1320142, 2012 Fla. App. LEXIS 6038

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60307708

Published

in the promissory note and the language in section 57.105(7), Florida Statutes (2008), which makes such

Staples v. Duerr

76 So. 3d 1114, 2011 Fla. App. LEXIS 20849, 2011 WL 6851181

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 60304176

Published

that the post-suit fees were justified under section 57.105, Florida Statutes(2010), thereby providing

Vilvar v. Deutsche Bank Trust Co. Americas

83 So. 3d 853, 2011 Fla. App. LEXIS 20451, 2011 WL 6373035

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 60306510

Published

of Appellate Procedure 9.410(a) (2011) and section 57.105, Florida Statutes (2011). See Sullivan v. Sullivan

Glarum v. LaSalle Bank National Ass'n

83 So. 3d 780, 2011 WL 5573941, 2011 Fla. App. LEXIS 18175

District Court of Appeal of Florida | Filed: Nov 17, 2011 | Docket: 60306498

Published

for filing frivolous pleadings pursuant to section 57.105, Florida Statutes. We reverse the trial court’s

Morrison v. United States Ex Rel. Farm Service Agency

73 So. 3d 336, 2011 Fla. App. LEXIS 17227, 2011 WL 5120117

District Court of Appeal of Florida | Filed: Oct 31, 2011 | Docket: 2584647

Published

determining fees under previous version of section 57.105, Florida Statutes).

Edge v. Edge

69 So. 3d 348, 2011 Fla. App. LEXIS 14150, 2011 WL 3903094

District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 2358126

Published

award of attorney fees and costs pursuant to section 57.105 of the Florida Statutes (2006), against both

Richard DeLauro v. Ralph F. Porto

Court of Appeals for the Eleventh Circuit | Filed: Jul 8, 2011 | Docket: 578143

Published

the 21-day safe-harbor provision contained in section 57.105(4) of the Florida Statutes precluded the imposition

JPMorgan Chase Bank, N.A. v. Hernandez

99 So. 3d 508, 2011 Fla. App. LEXIS 9594, 2011 WL 2499641

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 60313034

Published

counsel for filing a frivolous appeal pursuant to section 57.105, Florida Statutes ... and Florida Rule of Appellate

Eskanos v. Washington Mutual Bank, FA

64 So. 3d 736, 2011 Fla. App. LEXIS 8928, 2011 WL 2496470

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 60301569

Published

Florida Rule of Appellate Procedure 9.410 and section 57.105, Florida Statutes (2011). Appellants and their

Korte v. U.S. Bank National Ass'n

64 So. 3d 134, 2011 Fla. App. LEXIS 8399

District Court of Appeal of Florida | Filed: Jun 8, 2011 | Docket: 60301373

Published

affirm. This case concerns the applicability of section 57.105, Florida Statutes (2008), to sanction counsel

City of North Miami Beach v. Berrio

64 So. 3d 713, 2011 Fla. App. LEXIS 8041, 2011 WL 2135449

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 60301564

Published

Juan D. Berrio his attorney’s fees pursuant to section 57.105, Florida Statutes (2009). Because the motion

Jenkins v. Motorola, Inc.

82 So. 3d 844, 2011 Fla. App. LEXIS 5552, 2011 WL 1485967

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 1994325

Published

Cingular, Inc., motion for sanctions pursuant to section 57.105, Florida Statutes, (2011), for filing a frivolous

Diaz v. Cabeza

57 So. 3d 992, 2011 Fla. App. LEXIS 4803, 2011 WL 1262161

District Court of Appeal of Florida | Filed: Apr 6, 2011 | Docket: 60299234

Published

judgment of attorney’s fees and costs, pursuant to section 57.105, Florida Statutes (2010). For the reasons that

Bay Park Towers Condominium Association, Inc. v. Triple M. Roofing, Corp.

55 So. 3d 592, 2011 Fla. App. LEXIS 3483, 2011 WL 904273

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 2576179

Published

by each party and their counsel, pursuant to section 57.105, Florida Statutes (2009) (stating an award

Wood v. Haack

54 So. 3d 1082, 2011 Fla. App. LEXIS 2668, 2011 WL 709953

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60298236

Published

Wood served a motion for sanctions pursuant to section 57.105, Florida Statutes, asserting that, from the

South Bay Lakes Homeowners Ass'n v. Wells Fargo Bank, N.A.

53 So. 3d 1239, 2011 Fla. App. LEXIS 1982, 2011 WL 561188

District Court of Appeal of Florida | Filed: Feb 18, 2011 | Docket: 60298050

Published

its motion for attorney’s fees pursuant to section 57.105(1), Florida Statutes (2008). We conclude that

First States Investors 3300, LLC v. Pheil

52 So. 3d 845, 2011 Fla. App. LEXIS 1864, 2011 WL 478469

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 60297865

Published

prevailing party attorneys’ fees pursuant to section 57.105(7), Florida Statutes (2010), paragraph 23 of

Contreras v. 21st Century Insurance Co.

53 So. 3d 1194, 2011 Fla. App. LEXIS 1569, 2011 WL 470253

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 2409008

Published

for attorney's fees and sanctions pursuant to section 57.105, Florida Statutes, again asserting that it

Sharaby v. KLV Gems Co.

45 So. 3d 560, 2010 Fla. App. LEXIS 15809, 2010 WL 4103038

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 60296053

Published

768.79, Florida Statutes (2005), and under section 57.105(1), Florida Statutes (2005). We affirm the

Shepheard v. Deutsche Bank Trust Co. Americas

38 So. 3d 825, 2010 Fla. App. LEXIS 8760, 2010 WL 2425921

District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 1933611

Published

fees, incurred in enforcing the agreement. Section 57.105(5), Florida Statutes (2009), makes reciprocal

Maradriaga v. 7-ELEVEN

35 So. 3d 109, 2010 Fla. App. LEXIS 6769, 2010 WL 1930174

District Court of Appeal of Florida | Filed: May 14, 2010 | Docket: 2409442

Published

show cause why attorneys' fees pursuant to section 57.105(1)(b), Florida Statutes (2009), should not

Stollmack v. Stollmack

32 So. 3d 756, 2010 Fla. App. LEXIS 5333, 2010 WL 1628779

District Court of Appeal of Florida | Filed: Apr 23, 2010 | Docket: 1197895

Published

appeals the order imposing sanctions on her under section 57.105, Florida Statutes (2008). We reverse both orders

Jerk MacHine, Inc. v. Bank of America, N.A. (In Re Jerk MacHine, Inc.)

425 B.R. 880, 22 Fla. L. Weekly Fed. B 357, 2010 Bankr. LEXIS 654

United States Bankruptcy Court, S.D. Florida. | Filed: Mar 18, 2010 | Docket: 1497437

Published

makes that provision reciprocal. See Fla. Stat. § 57.105(7); Cadle Co. v. Martinez (In re Martinez), 416

Skarka v. Lennar Homes, Inc.

29 So. 3d 1170, 2010 Fla. App. LEXIS 2530, 2010 WL 726034

District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 1135548

Published

Petitioner and Petitioner's attorney pursuant to section 57.105(1)(b), Florida Statutes (2008), because it

Dunkin' Donuts Franchised Restaurants, LLC v. 330545 Donuts, Inc.

27 So. 3d 711, 2010 Fla. App. LEXIS 534, 2010 WL 289192

District Court of Appeal of Florida | Filed: Jan 27, 2010 | Docket: 1207640

Published

district's broad definition of the term "parties" in section 57.105, Florida Statutes (1985). In Lage v. Blanco

Dunkin' Donuts Franchised Restaurants, LLC v. 330545 Donuts, Inc.

27 So. 3d 711, 2010 Fla. App. LEXIS 534, 2010 WL 289192

District Court of Appeal of Florida | Filed: Jan 27, 2010 | Docket: 1207640

Published

district's broad definition of the term "parties" in section 57.105, Florida Statutes (1985). In Lage v. Blanco

Madariaga v. Madariaga

24 So. 3d 1291, 2010 Fla. App. LEXIS 185, 2010 WL 129670

District Court of Appeal of Florida | Filed: Jan 15, 2010 | Docket: 1648468

Published

supplemental motion for sanctions pursuant to section 57.105(1), Florida Statutes and his motion for award

Jerk MacHine, Inc. v. Bank of America, N.A. (In Re Jerk MacHine, Inc.)

422 B.R. 327, 62 Collier Bankr. Cas. 2d 1886, 22 Fla. L. Weekly Fed. B 276, 2010 Bankr. LEXIS 10, 52 Bankr. Ct. Dec. (CRR) 198

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 4, 2010 | Docket: 1809458

Published

language of the promissory note as well as Fla. Stat. § 57.105(7). Bank of America even said so in its objection:

Nationwide Mutual Fire Insurance Co. v. Voigt

21 So. 3d 895, 2009 Fla. App. LEXIS 16550, 2009 WL 3673081

District Court of Appeal of Florida | Filed: Nov 6, 2009 | Docket: 60260093

Published

appellate attorney’s fees as a sanction pursuant to section 57.105, Florida Statutes (2006), and also remanded

Charlton v. Black Diamond Properties

17 So. 3d 790, 2009 Fla. App. LEXIS 11395, 2009 WL 2475003

District Court of Appeal of Florida | Filed: Aug 14, 2009 | Docket: 60249243

Published

Appellants to pay attorneys’ fees pursuant to section 57.105, Florida Statutes (2008), related to a motion

Department of Children and Families v. SE

12 So. 3d 902, 2009 Fla. App. LEXIS 8737, 2009 WL 1872414

District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 1647119

Published

fees in favor of S.E., the mother, pursuant to section 57.105, Florida Statutes (2006), following the involuntary

Rodriguez v. BIRTH-REL. NEUROLOGICAL INJURY

19 So. 3d 386

District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 1651462

Published

the Parents' motions for fees and costs under section 57.105, Florida Statutes (2007), and denied the Parents'

Brown v. PANHANDLE CITIZENS COALITION

12 So. 3d 860, 2009 Fla. App. LEXIS 6915, 2009 WL 1533033

District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 1647190

Published

administrative law judge imposing sanctions pursuant to section 57.105, Florida Statutes (2006). The administrative

OLESH v. Greenberg

9 So. 3d 44, 2009 Fla. App. LEXIS 3895, 2009 WL 559921

District Court of Appeal of Florida | Filed: Mar 6, 2009 | Docket: 2540102

Published

liable for Greenberg's attorney's fees under section 57.105, Florida Statutes (2007), and Olesh's failure

Melvin-Piedmont Nursery v. St. Louis

3 So. 3d 442, 2009 Fla. App. LEXIS 1891, 2009 WL 529557

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 60289191

Published

PER CURIAM. Affirmed. See § 57.105, Fla. Stat. (1999); Visoly v. Sec. Pacific Credit Corp., 625 So.2d

Hernandez v. Gil

998 So. 2d 651, 2008 WL 5156623

District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 2531735

Published

Court itself, exercising its authority under section 57.105, Florida Statutes (2007), has determined that

Gordon v. Colin

997 So. 2d 1136, 2008 WL 4862692

District Court of Appeal of Florida | Filed: Nov 12, 2008 | Docket: 1721002

Published

an order dated February 27, 2007, granting section 57.105, Florida Statutes, attorney's fees. We affirm

CIT Small Business Lending Corp. v. Diaz (In Re Diaz)

402 B.R. 407, 21 Fla. L. Weekly Fed. B 659, 2008 Bankr. LEXIS 3808, 2008 WL 5622712

United States Bankruptcy Court, M.D. Florida | Filed: Sep 23, 2008 | Docket: 1729376

Published

statutory and controlling case law. Florida Statute Section 57.105(7) provides for the recovery of costs by a

Uniteamerica, Inc. v. Farmers and Merchants Bank

995 So. 2d 570, 2008 WL 4190663

District Court of Appeal of Florida | Filed: Sep 15, 2008 | Docket: 2516675

Published

motions for *571 appellate attorney fees under section 57.105, Florida Statutes (2005). On remand, the trial

Diaz v. Andy

987 So. 2d 698, 2008 Fla. App. LEXIS 8444, 2008 WL 2356712

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 64855284

Published

with a motion for attorney’s fees pursuant to section 57.105(l)(b). Thereafter, on April 28, 2006, the trial

Danziger v. Alternative Legal, Inc.

987 So. 2d 694, 2008 Fla. App. LEXIS 7197, 2008 WL 2116601

District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 1724350

Published

enter judgment for attorney's fees pursuant to section 57.105, Florida Statutes (2006), against both appellant

Riesterer v. Cadle Co. II

981 So. 2d 644, 2008 Fla. App. LEXIS 7192, 2008 WL 2117677

District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 64854839

Published

attorney’s fees and costs under the note and section 57.105(6), Florida Statutes (2002).1 The trial court

Kahn v. American Heritage Life Ins. Co.

975 So. 2d 589, 2008 WL 535719

District Court of Appeal of Florida | Filed: Feb 29, 2008 | Docket: 80172

Published

necessary to establish the claim, sanctions under section 57.105, Florida Statutes, may apply. We agree with

Pflaum v. PFLAUM

974 So. 2d 579, 2008 WL 425585

District Court of Appeal of Florida | Filed: Feb 19, 2008 | Docket: 1718082

Published

for an award of attorney's fees pursuant to section 57.105, Florida Statutes, and we defer a ruling on

Lewis v. Weaver

969 So. 2d 586, 2007 Fla. App. LEXIS 19760, 2007 WL 4322767

District Court of Appeal of Florida | Filed: Dec 12, 2007 | Docket: 64853158

Published

petitioner’s willingness to waive fees under section 57.105, Florida Statutes (2007). The respondent suggests

European Bank Ltd. v. Online Credit Clearing Corp.

969 So. 2d 450, 2007 Fla. App. LEXIS 18144, 2007 WL 3355490

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 64853141

Published

726, the Florida Fraudulent Transfer Act and section 57.105, Florida Statutes. Almost a year later on November

Hampton v. Cale of Fort Myers, Inc.

964 So. 2d 822, 2007 Fla. App. LEXIS 14616, 2007 WL 2710838

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 64852447

Published

from an order, awarding attorney’s fees under section 57.105, Florida Statutes. We conclude that the trial

Dudley v. Schmidt

963 So. 2d 297, 2007 Fla. App. LEXIS 12374, 2007 WL 2274424

District Court of Appeal of Florida | Filed: Aug 10, 2007 | Docket: 64851883

Published

order denying him attorney’s fees pursuant to section 57.105, Florida Statutes (2005), based upon allegedly

Giovanini v. Giovanini

962 So. 2d 361, 2007 WL 2089056

District Court of Appeal of Florida | Filed: Jul 24, 2007 | Docket: 1519136

Published

attorney's fees against Appellant pursuant to section 57.105, Florida Statutes. The show cause order listed

Payne v. Beverly

958 So. 2d 1112, 2007 Fla. App. LEXIS 9595, 2007 WL 1789303

District Court of Appeal of Florida | Filed: Jun 22, 2007 | Docket: 64851134

Published

fees and costs incurred by Beverly pursuant to section 57.105, Florida Statutes (2005). The trial court granted

McNamara v. City of Lake Worth

956 So. 2d 509, 2007 WL 1201823

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 1481175

Published

attorney's fees, which relied on Florida Statutes section 57.105. For the reasons stated below, we affirm Lake

Department of Revenue v. Marchines

974 So. 2d 1085, 2007 Fla. App. LEXIS 3848, 2007 WL 777507

District Court of Appeal of Florida | Filed: Mar 16, 2007 | Docket: 64853926

Published

attorney’s fees to John A. Marchines pursuant to section 57.105, Florida Statutes (2004). We agree that the

T.T. v. Department of Children & Families

944 So. 2d 540, 2006 Fla. App. LEXIS 21764, 2006 WL 3813663

District Court of Appeal of Florida | Filed: Dec 26, 2006 | Docket: 64848263

Published

awards of appellate attorney’s fees, citing to section 57.105 of the Florida Statutes (2005) to support such

Murphy v. Murphy

944 So. 2d 487, 2006 Fla. App. LEXIS 20561, 2006 WL 3524275

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 64848247

Published

attorney’s fees pursuant to section 57.105, Florida Statutes (2005). Section 57.105(1) provides for an award

Patricia Weingarten Associates, Inc. v. Taylor

941 So. 2d 493, 2006 Fla. App. LEXIS 18421, 2006 WL 3102280

District Court of Appeal of Florida | Filed: Nov 3, 2006 | Docket: 64847752

Published

attorneys’ fees to Kim Taylor, pursuant to section 57.105, Florida Statutes. The fees were awarded following

Buckeye Ret. Co. v. Nassau Land & Trading

943 So. 2d 223, 2006 WL 3103025

District Court of Appeal of Florida | Filed: Nov 3, 2006 | Docket: 1015319

Published

motion for attorneys' fees, made pursuant to section 57.105, Florida Statutes (2005). See Dunn v. Kean

Global Heir & Asset Locators, Inc. v. First NLC Financial Services, LLC

936 So. 2d 1216, 2006 Fla. App. LEXIS 15160, 2006 WL 2612888

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 64846464

Published

assessed fees against Rosenberg and Global under section 57.105, Florida Statutes (2004). The court also fined

Delta Fire Sprinklers, Inc. v. SouthTrust Bank, N.A.

940 So. 2d 1164, 2006 Fla. App. LEXIS 14941, 2006 WL 2570590

District Court of Appeal of Florida | Filed: Sep 8, 2006 | Docket: 64847615

Published

SouthTrust Bank, N.A., attorney’s fees pursuant to section 57.105, Florida Statutes (2008). SouthTrust and others

McGee v. State, Florida Department of Corrections

935 So. 2d 62, 2006 Fla. App. LEXIS 12828, 2006 WL 2095776

District Court of Appeal of Florida | Filed: Jul 31, 2006 | Docket: 64845935

Published

under section 57.105, Florida Statutes (1999): Specifically, the 1999 version [of section 57.105] authorizes

Morales v. Marques

931 So. 2d 169, 2006 WL 1289331

District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 426084

Published

appellate attorney's fees pursuant *171 to section 57.105, Florida Statutes, arguing that the appeal

Banks v. Maxwell Bldg. Corp.

925 So. 2d 473, 2006 Fla. App. LEXIS 5318, 2006 WL 931451

District Court of Appeal of Florida | Filed: Apr 12, 2006 | Docket: 2567118

Published

appellee. KLEIN, J. We affirm a judgment awarding section 57.105, Florida Statutes (2003) attorney's fees against

McMonigle v. McMonigle

932 So. 2d 369, 2006 Fla. App. LEXIS 4382, 2006 WL 778711

District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 64845548

Published

McMonigle, Sr. (“the Estate”), pursuant to section 57.105, Florida Statutes (1997).1 We reverse. Robert

Department of Children and Families v. HG

922 So. 2d 1072, 2006 Fla. App. LEXIS 3688, 2006 WL 663890

District Court of Appeal of Florida | Filed: Mar 17, 2006 | Docket: 1282740

Published

trial court's award of attorney's fees under section 57.105, Florida Statutes (2004), in favor of J.G.

Dunn v. Kean

923 So. 2d 559, 2006 Fla. App. LEXIS 3717, 2006 WL 658851

District Court of Appeal of Florida | Filed: Mar 17, 2006 | Docket: 64842986

Published

Appellees’ motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2005) for the reasons discussed

Sunset Park Church of God, Inc. v. Gay

916 So. 2d 918, 2005 Fla. App. LEXIS 18245, 2005 WL 3076595

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 64841407

Published

fee awarded by the trial court pursuant to section 57.105. The trial court failed to state the basis

Langer v. Langer

919 So. 2d 484, 2005 WL 2861454

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 121577

Published

attorney's fees in favor of the former husband. § 57.105(1)(a)(b), Fla. Stat. (2004). Reversed and remanded

Orange County Building Codes v. Strickland Construction Services Corp.

913 So. 2d 718, 2005 Fla. App. LEXIS 17022, 2005 WL 2806237

District Court of Appeal of Florida | Filed: Oct 28, 2005 | Docket: 64840768

Published

appellate or reviewing court should handle section 57.105 attorney-fee awards. With regard to the award

Jain v. Florida Agricultural & Mechanical University

914 So. 2d 998, 2005 Fla. App. LEXIS 16636, 2005 WL 2662543

District Court of Appeal of Florida | Filed: Oct 20, 2005 | Docket: 64840937

Published

authority for an award of attorney’s fees, section 57.105(5), Florida Statutes. The record reflects no

Shulmister v. Yaffe

912 So. 2d 53, 2005 Fla. App. LEXIS 14101, 2005 WL 2140181

District Court of Appeal of Florida | Filed: Sep 7, 2005 | Docket: 64840579

Published

attorney’s fees for litigating the amount of § 57.105 fees he was awarded for defending against this

Nesci v. Duffau

913 So. 2d 659, 2005 Fla. App. LEXIS 14054, 2005 WL 2139372

District Court of Appeal of Florida | Filed: Sep 7, 2005 | Docket: 64840760

Published

motion for attorney’s fees and costs based on section 57.105, Florida Statutes (2003). The trial court rejected

Ago

Florida Attorney General Reports | Filed: Jul 12, 2005 | Docket: 3258955

Published

attorney's fees for the prevailing party.3 Section 57.105(1), Florida Statutes, authorizes a court to

Rudolf v. Gray, Harris & Robinson, P.A.

901 So. 2d 423, 2005 Fla. App. LEXIS 7542, 2005 WL 1186312

District Court of Appeal of Florida | Filed: May 20, 2005 | Docket: 64838054

Published

entitled to appellate attorney’s fees pursuant to section 57.105, Florida Statutes. Motion for Clarification

J. Alexander Securities, Inc. v. Feldman

900 So. 2d 758, 2005 Fla. App. LEXIS 6511, 2005 WL 1026740

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 64837943

Published

monetary sanctions against them pursuant to section 57.105, Florida Statutes (2002) for erroneously submitting

Estate of Brungart v. Smallwood

901 So. 2d 247, 2005 Fla. App. LEXIS 5456, 2005 WL 901190

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 64838008

Published

Sheri Smallwood, the defendant below, under section 57.105 of the Florida Statutes. We affirm. Appellant

Estate of Brungart v. Smallwood

901 So. 2d 247, 2005 Fla. App. LEXIS 5456, 2005 WL 901190

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 64838008

Published

Sheri Smallwood, the defendant below, under section 57.105 of the Florida Statutes. We affirm. Appellant

James v. Carr

900 So. 2d 680, 2005 Fla. App. LEXIS 5431, 2005 WL 901155

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 64837904

Published

its discretion on this issue at this juncture. § 57.105, Fla. Stat. (2003). Affirmed in part, reversed

Tobin v. Bursch

934 So. 2d 493, 2005 Fla. App. LEXIS 4368, 2005 WL 714050

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 64845833

Published

his motion for attorney’s fees pursuant to section 57.105(1), Florida Statutes (2002).1 We reverse and

Allen v. City of St. Petersburg

898 So. 2d 223, 2005 Fla. App. LEXIS 3524

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 64837338

Published

denying Allen’s claim for fees under section 57.105. Section 57.105(1) allows the court to award a reasonable

Smith v. Viragen, Inc.

902 So. 2d 187, 2005 Fla. App. LEXIS 2470, 2005 WL 475412

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 64838386

Published

Viragen sought attorneys’ fees pursuant to section 57.105(1) of the Florida Statutes (1998),4 which states

Business Success Group, Inc. v. Argus Trade Realty Investment, Inc.

898 So. 2d 970, 2005 Fla. App. LEXIS 2059, 2005 WL 415965

District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 64837417

Published

with prejudice and attorney’s fees pursuant to section 57.105(5), Florida Statutes (2001). On January 10

Murphy v. Wisu Properties Ltd.

892 So. 2d 1154, 2005 Fla. App. LEXIS 234, 2005 WL 94809

District Court of Appeal of Florida | Filed: Jan 19, 2005 | Docket: 64835829

Published

appeals an award of attorney’s fees pursuant to section 57.105, Fla. Stat. (1995), entered in favor of appellees

National Bank of Commerce v. Jupiter Mortgage Corp.

890 So. 2d 553, 2005 Fla. App. LEXIS 175, 2005 WL 74125

District Court of Appeal of Florida | Filed: Jan 14, 2005 | Docket: 64835326

Published

payable by National Bank’s counsel pursuant to section 57.105, Florida Statutes (2003). National Bank dismissed

O'Hara Gallery, Inc. v. Nader

892 So. 2d 512, 2004 Fla. App. LEXIS 19136, 2004 WL 2889527

District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 64835741

Published

entitled to statutory attorney’s fees under section 57.105, Florida Statutes, frivolousness is determined

Black v. Burrows

889 So. 2d 127, 2004 Fla. App. LEXIS 18096, 2004 WL 2723596

District Court of Appeal of Florida | Filed: Nov 30, 2004 | Docket: 64834982

Published

claimed entitlement to attorney’s fees under section 57.105, Florida Statutes. The amended motion for judgment

Stok v. Moller

888 So. 2d 132, 2004 Fla. App. LEXIS 17876, 2004 WL 2730783

District Court of Appeal of Florida | Filed: Nov 24, 2004 | Docket: 64834454

Published

order denying his motion for fees pursuant to section 57.105, Florida Statutes (2003). We reverse. During

Avemco Insurance Co. v. Tobin

886 So. 2d 1034, 2004 Fla. App. LEXIS 17063, 2004 WL 2534246

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 64834193

Published

court’s award of attorney’s fees pursuant to section 57.105, Florida Statutes (1997).1 In this appeal,

Woods v. Hialeah Hotel, Inc.

884 So. 2d 517, 2004 Fla. App. LEXIS 14985, 2004 WL 2290625

District Court of Appeal of Florida | Filed: Oct 13, 2004 | Docket: 64833583

Published

leaves standing an award of sanctions under section 57.105, Florida Statutes, against appellants and their

Artisan Pictures, Inc. v. West Avenue Films, LLC

882 So. 2d 525, 2004 Fla. App. LEXIS 13873, 2004 WL 2101902

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 64832586

Published

attorney’s fees and costs against it under section 57.105, Florida Statutes (2001). On the authority

Perlman v. Abel

881 So. 2d 1156, 2004 Fla. App. LEXIS 11240, 2004 WL 1672392

District Court of Appeal of Florida | Filed: Jul 28, 2004 | Docket: 64832484

Published

involving the assessment of attorney’s fees under section 57.105, Florida Statutes (1995). The first is that

Allstate Insurance Co. v. Chiropractic

875 So. 2d 14, 2004 Fla. App. LEXIS 6428, 2004 WL 1058277

District Court of Appeal of Florida | Filed: May 7, 2004 | Docket: 64831057

Published

requirements of law in awarding attorney’s fees under section 57.105 of the Florida Statutes, we grant the instant

Morales v. Rosenberg

879 So. 2d 1237, 2004 Fla. App. LEXIS 5204, 2004 WL 784542

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 64832187

Published

fees paid to the special master, pursuant to section 57.105, and appellate level fees pursuant to Florida

Morales v. Rosenberg

879 So. 2d 1237, 2004 Fla. App. LEXIS 5204, 2004 WL 784542

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 64832187

Published

fees paid to the special master, pursuant to section 57.105, and appellate level fees pursuant to Florida

Wasileski v. Warga

867 So. 2d 1220, 2004 Fla. App. LEXIS 2945, 2004 WL 438497

District Court of Appeal of Florida | Filed: Mar 11, 2004 | Docket: 64828875

Published

determination to impose attorney’s fees pursuant to section 57.105, Florida Statutes. We do, however, find error

Virginia Investment Fund Ltd. Partnership v. Nolan

867 So. 2d 629, 2004 Fla. App. LEXIS 2830, 2004 WL 444891

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 64828681

Published

appellant/defendant’s motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2000), we affirm. See Thomas

Markham v. Gold

866 So. 2d 777, 2004 Fla. App. LEXIS 2711, 2004 WL 384898

District Court of Appeal of Florida | Filed: Mar 3, 2004 | Docket: 64828375

Published

reverse the award of attorney’s fees under section 57.105, Florida Statutes (1998). We remand to the

Comcast SCH Holdings, Inc. v. Rolling Greens MHP, L.P.

864 So. 2d 519, 2004 Fla. App. LEXIS 84, 2004 WL 40523

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 64827648

Published

it filed and the results flowing therefrom, section 57.105, Florida Statutes (2003), provides an adequate

O'Grady v. Potash

861 So. 2d 1281, 2003 Fla. App. LEXIS 19548, 2003 WL 23008822

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 64827225

Published

attorney’s fees and costs in her favor under Section 57.105(1), Florida Statutes (1999). Without an evidentiary

Commercial Service of Perry, Inc. v. Campbell

861 So. 2d 1258, 2003 Fla. App. LEXIS 19216, 2003 WL 22956423

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 64827215

Published

and mortgage pre-dated the effective date of section 57.105, the trial court determined that cases from

Prison Health Services, Inc. v. Florida Ass'n of Counties Trust

862 So. 2d 101, 2003 Fla. App. LEXIS 17747, 2003 WL 22737188

District Court of Appeal of Florida | Filed: Nov 21, 2003 | Docket: 64827249

Published

instant award of attorney’s fees and costs. See § 57.105(1), Fla. Stat. (2002). Reversed. FULMER and KELLY

Cook v. Estate of Silverio

859 So. 2d 1253, 2003 Fla. App. LEXIS 17560, 2003 WL 22715782

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 64826558

Published

trial court awarded attorney fees, pursuant to Section 57.105, Florida Statutes (2002), to the Personal Representative

Homeowners Ass'n of the Shores, Inc. ex rel. Board of Directors v. Smith

857 So. 2d 361, 2003 Fla. App. LEXIS 16041, 2003 WL 22415351

District Court of Appeal of Florida | Filed: Oct 24, 2003 | Docket: 64825902

Published

court’s denial of attorneys’ fees pursuant to section 57.105(1), Florida Statutes. AFFIRMED in part, REVERSED

Palm Beach County Sheriff v. State

854 So. 2d 278, 2003 Fla. App. LEXIS 13989, 2003 WL 22136052

District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 64824992

Published

(2) awarding attorney’s fees and costs under section 57.105, Florida Statutes (2001), and (3) forcing the

Jackson v. York Hannover Nursing Centers, Inc.

853 So. 2d 598, 2003 Fla. App. LEXIS 13285, 2003 WL 22056310

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 64824753

Published

depositions to be conducted in connection with a section 57.105(1), Florida Statutes (1997), request for attorney’s

Novastar Mortgage, Inc. v. Strassburger

855 So. 2d 130, 2003 Fla. App. LEXIS 11716, 2003 WL 21749617

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 64825237

Published

fee provision in the original mortgage and section 57.105(6), Florida Statutes, which made that unilateral

Kerzner v. Lerman

849 So. 2d 1185, 2003 Fla. App. LEXIS 11065, 2003 WL 21697432

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 64824057

Published

a motion to tax fees and costs pursuant to section 57.105, Florida Statutes. The motion specifically

Barna v. Barna

850 So. 2d 603, 2003 Fla. App. LEXIS 10222, 2003 WL 21537438

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 64824107

Published

address the court’s award of fees pursuant to section 57.105, Florida Statutes. In the context of dissolution

Reilly v. Brinker

854 So. 2d 672, 2003 Fla. App. LEXIS 9286, 2003 WL 21414551

District Court of Appeal of Florida | Filed: Jun 20, 2003 | Docket: 64825142

Published

make an award of attorney’s fees pursuant to section 57.105, Florida Statutes (2001). WHATLEY and VILLANTI

Toemmes v. Sites

853 So. 2d 472, 2003 Fla. App. LEXIS 8755, 2003 WL 21340657

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 64824705

Published

proper allocation of fees awarded pursuant to section 57.105. The final judgment should reflect that the

Toemmes v. Sites

853 So. 2d 472, 2003 Fla. App. LEXIS 8755, 2003 WL 21340657

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 64824705

Published

proper allocation of fees awarded pursuant to section 57.105. The final judgment should reflect that the

Americana Associates, Ltd. v. WHUD Real Estate Ltd. Partnership

846 So. 2d 1194, 2003 Fla. App. LEXIS 7986, 2003 WL 21236836

District Court of Appeal of Florida | Filed: May 30, 2003 | Docket: 64823276

Published

motion for attorney’s fees made pursuant to section 57.105, Florida Statutes (2000). I. Prior Actions

Inquiry Concerning a Judge, No. 01-244, re Cope

848 So. 2d 301, 28 Fla. L. Weekly Supp. 421, 2003 Fla. LEXIS 901

Supreme Court of Florida | Filed: May 29, 2003 | Docket: 64823746

Published

is entitled to recover attorneys’ fees under section 57.105, Florida Statutes (2002), because the charges

ALLSTATE INSURANCE COM. v. Titusville Total Health Care

848 So. 2d 1166, 2003 Fla. App. LEXIS 6246

District Court of Appeal of Florida | Filed: May 2, 2003 | Docket: 1712353

Published

attorney's fees under the amended version of section 57.105, Florida Statutes now before this court on

Insurance Co. of North America v. HMY Yacht Sales, Inc.

841 So. 2d 563, 2003 Fla. App. LEXIS 3120, 2003 WL 1049892

District Court of Appeal of Florida | Filed: Mar 12, 2003 | Docket: 64821752

Published

638 So.2d 628 (Fla. 3d DCA 1994). As to the section 57.105, Florida Statutes (2001), fees awarded to HMY

MK Enterprises, LLC v. Wolfe

844 So. 2d 653, 2003 Fla. App. LEXIS 2182, 2003 WL 469857

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 64822718

Published

entitled to for MKI, whether pursuant to contract, section 57.105 or otherwise, in the MKI action. Having failed

Landinguin v. Carneal

837 So. 2d 525, 2003 Fla. App. LEXIS 1237, 2003 WL 253301

District Court of Appeal of Florida | Filed: Feb 6, 2003 | Docket: 64820719

Published

motion for appellate attorney’s fees under section 57.105(1), Florida Statutes (2002).

Cooke v. Custom Crete of Southwest Florida, Inc.

833 So. 2d 315, 2003 Fla. App. LEXIS 29, 2003 WL 20503

District Court of Appeal of Florida | Filed: Jan 3, 2003 | Docket: 64819625

Published

Inc. attorney’s fees and costs pursuant to section 57.105(1), Florida Statutes (1999). We reverse. In

Neustein v. Miami Shores Village

837 So. 2d 1054, 2002 Fla. App. LEXIS 19161, 2002 WL 31870550

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 64820846

Published

losing party and the losing party’s attorney....” § 57.105(1), Fla. Stat. (2001) (emphasis added).2 The Village

Greenberg v. Van Dam

833 So. 2d 810, 2002 Fla. App. LEXIS 16882, 2002 WL 31507149

District Court of Appeal of Florida | Filed: Nov 13, 2002 | Docket: 64819761

Published

order *811awarding attorney’s fees pursuant to section 57.105, Florida Statutes (1999). Evelyn Van Dam cross-appeals

Andzulis v. Montgomery Road Acquisitions, Inc.

831 So. 2d 237, 2002 Fla. App. LEXIS 16051, 2002 WL 31431523

District Court of Appeal of Florida | Filed: Nov 1, 2002 | Docket: 64819106

Published

Adams, Montgomery Road’s attorney, pursuant to section 57.105(1). In granting the fee award against Montgomery

Goldfisher v. Ivax Corp.

827 So. 2d 1110, 2002 Fla. App. LEXIS 15125, 2002 WL 31307140

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 64818085

Published

IVAX seeks appellate attorney’s fees under section 57.105, Florida Statutes (2001). Those same cases

Concrete & Lumber Enterprises Corp. v. Guaranty Business Credit Corp.

829 So. 2d 247, 2002 Fla. App. LEXIS 12026, 2002 WL 1906169

District Court of Appeal of Florida | Filed: Aug 21, 2002 | Docket: 64818563

Published

Statute section 57.105 only and not pursuant to the contract.1 The only subsections of section 57.105 which

Tampa Bay 1, L.L.C. v. Lorello Cypress Family Ltd. Partnership

821 So. 2d 434, 2002 Fla. App. LEXIS 10090, 2002 WL 1585620

District Court of Appeal of Florida | Filed: Jul 19, 2002 | Docket: 64816422

Published

Tampa Bay 1 and Tampa Bay l’s counsel based on section 57.105, Florida Statutes (2000). Subsequently, Appellees

Mason v. Highlands County Board of County Commissioners

817 So. 2d 922, 2002 Fla. App. LEXIS 6149

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 64815497

Published

requested an award of attorney’s fees pursuant to section 57.105, Florida Statutes (2000). Highlands County

Oglesby-Dorminey v. Lucy Ho's Restaurant

815 So. 2d 749, 2002 Fla. App. LEXIS 6102, 2002 WL 857302

District Court of Appeal of Florida | Filed: May 7, 2002 | Docket: 64814871

Published

motion. Gemini's claimed fear of sanctions under section 57.105, Florida Statutes (2000), rings hollow, however

Pompano Ledger, Inc. v. Greater Pompano Beach Chamber of Commerce, Inc.

802 So. 2d 438, 2001 Fla. App. LEXIS 17495, 2001 WL 1575968

District Court of Appeal of Florida | Filed: Dec 12, 2001 | Docket: 64811000

Published

appellee (“defendant”) entered pursuant to section 57.105, Florida Statutes (2000). Although we approve

Maloney v. Avemco Insurance Co.

804 So. 2d 369, 2001 Fla. App. LEXIS 13425, 2001 WL 1130918

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 64811549

Published

filed motions for attorney’s fees, pursuant to section 57.105, Florida Statutes, against Tobin. The claim

Gordo v. Saad

791 So. 2d 572, 2001 Fla. App. LEXIS 11113, 2001 WL 883301

District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 64807410

Published

against both the appellant and counsel under section 57.105, Florida Statutes (2000). The cause is remanded

D. Bruce McMahan v. William A. Toto

256 F.3d 1120

Court of Appeals for the Eleventh Circuit | Filed: Jul 10, 2001 | Docket: 2038497

Published

McMahan or their counsel pursuant to Fla. Stat. § 57.105 and 28 U.S.C. § 1927. The third issue is whether

Williams v. Daniel

777 So. 2d 1179, 2001 Fla. App. LEXIS 1347, 2001 WL 127674

District Court of Appeal of Florida | Filed: Feb 16, 2001 | Docket: 64803639

Published

filed motion for attorney’s fees pursuant to section 57.105, Florida Statutes. During the hearing the court

Preyer v. Aries Insurance Co.

774 So. 2d 958, 2001 Fla. App. LEXIS 464, 2001 WL 50464

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 64802799

Published

expressed below. The trial court, pursuant to section 57.105, Florida Statutes (1997),2 awarded Appellee

Virtual Computacion y Communicaciones, S.R.L. v. Fischzang

776 So. 2d 327, 2001 Fla. App. LEXIS 118, 2001 WL 20828

District Court of Appeal of Florida | Filed: Jan 10, 2001 | Docket: 64803234

Published

court awarded attorney’s fees to him under section 57.105(1), Florida Statutes (1997). The attorney’s

National Continental Insurance v. Barker

773 So. 2d 648, 2000 Fla. App. LEXIS 16668, 2000 WL 1854019

District Court of Appeal of Florida | Filed: Dec 20, 2000 | Docket: 64802444

Published

attorney’s fees to one of the tortfeasors, under section 57.105, Florida Statutes (1997), concluding there

State, Department of Revenue ex rel. Weaver v. Allen

772 So. 2d 633, 2000 Fla. App. LEXIS 16331, 2000 WL 1838294

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 64802108

Published

attorney’s fees to the putative father under section 57.105, Florida Statutes (1997). See Department of

Florida Department of Revenue ex rel. Lucignani v. Lucignani

775 So. 2d 996, 2000 Fla. App. LEXIS 16241, 2000 WL 1817134

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 64803084

Published

both the DOR and the former wife pursuant to section 57.105, Florida Statutes (1997). For the following

Kosa v. Estate of Jorgensen

772 So. 2d 616, 2000 Fla. App. LEXIS 16199, 2000 WL 1816686

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 64802098

Published

were imposed because the trial court, under section 57.105(1), Florida Statutes (1999), found that “the

Haven of Lake & Sumter Counties, Inc. v. C. John Coniglio, P.A.

774 So. 2d 59, 2000 Fla. App. LEXIS 13833, 2000 WL 1597534

District Court of Appeal of Florida | Filed: Oct 27, 2000 | Docket: 64802643

Published

that consideration of attorney’s fees under section 57.105, Florida Statutes, would not be warranted.

Brooks v. Hathaway

768 So. 2d 525, 2000 Fla. App. LEXIS 11915, 2000 WL 1345917

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64800773

Published

1983). As additional authority, the court cited section 57.105, Florida Statutes, which provides for the imposition

Brooks v. Hathaway

768 So. 2d 525, 2000 Fla. App. LEXIS 11915, 2000 WL 1345917

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64800773

Published

1983). As additional authority, the court cited section 57.105, Florida Statutes, which provides for the imposition

Faile v. Fleming

763 So. 2d 459, 2000 Fla. App. LEXIS 7222, 2000 WL 763752

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 64799017

Published

reverse the award of attorney’s fees under section 57.105, Florida Statutes (1999). The attempt to have

Davis v. Bill Williams Air Conditioning & Heating, Inc.

765 So. 2d 114, 2000 Fla. App. LEXIS 6798, 2000 WL 718185

District Court of Appeal of Florida | Filed: Jun 6, 2000 | Docket: 64799672

Published

attorney’s fees to the appellant pursuant to section 57.105, Florida Statutes (1997), I respectfully dissent

William Lehman Leasing Corp. v. Joseph

757 So. 2d 614, 2000 Fla. App. LEXIS 5808, 2000 WL 628232

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 64797182

Published

appeals an order denying attorney’s fees pursuant to § 57.105, Floridá Statutes (1999). For the following reasons

Daniels v. Patterson

751 So. 2d 678, 2000 Fla. App. LEXIS 689, 2000 WL 63191

District Court of Appeal of Florida | Filed: Jan 27, 2000 | Docket: 64795196

Published

costs and a motion for attorney fees under section 57.105, Florida Statutes, citing Demby v. English

Florida Department of Revenue ex rel. D.H. v. Hannah

745 So. 2d 1055, 1999 Fla. App. LEXIS 14599, 1999 WL 993075

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 64792679

Published

a complete absence of a justiciable issue. See § 57.105(1), Fla. Stat. (1997). The purpose of this statute

Walborsky v. Bajoczky

741 So. 2d 648, 1999 Fla. App. LEXIS 13401, 1999 WL 821057

District Court of Appeal of Florida | Filed: Oct 12, 1999 | Docket: 64791116

Published

concluding attorney’s fees were awardable under section 57.105, Florida Statutes (1995). Accordingly, the

Froman v. Kirland

746 So. 2d 1120, 1999 Fla. App. LEXIS 13217, 1999 WL 816979

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 64792947

Published

filed a motion for attorney’s fees pursuant to section 57.105. A motion to dismiss and strike the count for

Bendl v. Caldwell

738 So. 2d 1031, 1999 Fla. App. LEXIS 11637, 1999 WL 651818

District Court of Appeal of Florida | Filed: Aug 27, 1999 | Docket: 64789975

Published

business partner, Robert Caldwell, pursuant to section 57.105, Florida Statutes (1997). We find that Bendl’s

Department of Revenue v. Wrobel

739 So. 2d 670, 1999 Fla. App. LEXIS 11525, 1999 WL 641809

District Court of Appeal of Florida | Filed: Aug 25, 1999 | Docket: 64790296

Published

against the Department pursuant to section 57.105. Section 57.105(1), provides that the court can award

State, Department of Revenue ex rel. Skalniak v. Dey

737 So. 2d 635, 1999 Fla. App. LEXIS 10048, 1999 WL 546966

District Court of Appeal of Florida | Filed: Jul 29, 1999 | Docket: 64789478

Published

appel-lee’s (the former wife’s) attorney pursuant to section 57.105(1), Florida Statutes (1997), based upon a finding

Korean Presbyterian Church of Sarasota, Inc. v. Kim

740 So. 2d 68, 1999 Fla. App. LEXIS 9053, 1999 WL 453839

District Court of Appeal of Florida | Filed: Jul 7, 1999 | Docket: 64790574

Published

fees and costs entered against it pursuant to section 57.105(1), Florida Statutes (1998). We reverse. We

Hanna v. Beverly Enterprises-Florida

738 So. 2d 424, 1999 Fla. App. LEXIS 9072, 1999 WL 454416

District Court of Appeal of Florida | Filed: Jul 7, 1999 | Docket: 64789764

Published

claims he is entitled to attorney’s fees under section 57.105(2), Florida Statutes (1995) which makes a one-sided

Dodich v. Washington International Insurance

733 So. 2d 601, 1999 Fla. App. LEXIS 7888

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 64788418

Published

disclosed”), but (b) reverse the awards of section 57.105, Florida Statutes (1997), attorney’s fees assessed

All Dade Insurance v. Lincoln National Life Insurance

732 So. 2d 1214, 1999 Fla. App. LEXIS 7267, 1999 WL 345588

District Court of Appeal of Florida | Filed: Jun 2, 1999 | Docket: 64788331

Published

reverse the award of attorney’s fees pursuant to section 57.105(1), Florida Statutes (1997), against All Dade

American Airlines, Inc. v. American Home Assurance Co.

731 So. 2d 810, 1999 Fla. App. LEXIS 5404

District Court of Appeal of Florida | Filed: Apr 28, 1999 | Docket: 64788009

Published

Convention, claim for attorney’s fees under Florida Statute 57.105 could not exceed the damages limitation

Red Bird Laundry v. Parks

728 So. 2d 1238, 1999 Fla. App. LEXIS 4552, 1999 WL 193181

District Court of Appeal of Florida | Filed: Apr 9, 1999 | Docket: 64787068

Published

their motion for attorneys’ fees pursuant to section 57.105, Florida Statutes. We find we lack jurisdiction

Mahaney v. Sumter Electric Cooperative, Inc.

732 So. 2d 373, 1999 Fla. App. LEXIS 1605, 1999 WL 76272

District Court of Appeal of Florida | Filed: Feb 19, 1999 | Docket: 64788141

Published

written findings to support its earlier award of section 57.105 attorney’s fees. That issue is controlled by

Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell v. Brown

725 So. 2d 385, 1998 Fla. App. LEXIS 15022, 1998 WL 842695

District Court of Appeal of Florida | Filed: Dec 2, 1998 | Docket: 64785923

Published

firm attorney’s fees of $4,000 pursuant to section 57.105 from F. Ted Brown, Jr., as trustee of the Phillip

Heitman v. Caceres

725 So. 2d 1146, 1998 Fla. App. LEXIS 13929, 1998 WL 771438

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 64786018

Published

her motion for attorney’s fees pursuant to Section 57.105, Florida Statutes (1997), after the trial court

Roy v. Highland Ocean Associates, Inc.

718 So. 2d 366, 1998 Fla. App. LEXIS 12309, 1998 WL 670335

District Court of Appeal of Florida | Filed: Oct 1, 1998 | Docket: 64783218

Published

denying appellees’ attorney’s fees pursuant to section 57.105, Florida Statutes in consolidated ease number

Depadova v. Depadova

717 So. 2d 147, 1998 Fla. App. LEXIS 11534, 1998 WL 601290

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 64782656

Published

the former wife, attorney fees pursuant to section 57.105. The former husband argues on appeal that the

Edrisi v. Sarnoff

715 So. 2d 1124, 1998 Fla. App. LEXIS 10783, 1998 WL 484570

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 64782159

Published

was entitled to attorney’s fees pursuant to section 57.105, Florida Statutes (1997)(lack of any justiciable

Nolen v. Blackwood

712 So. 2d 434, 1998 Fla. App. LEXIS 8836, 1998 WL 281511

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 64781319

Published

of attorney’s fees to appellee pursuant to section 57.105, Florida Statutes. Both the trial court’s oral

Williams v. King

711 So. 2d 1285, 1998 WL 256692

District Court of Appeal of Florida | Filed: May 22, 1998 | Docket: 2577514

Published

to assess fees against appellant pursuant to section 57.105, Florida Statutes (1997).[1] At that hearing

Security Pacific Credit Cor v. Oasis Plaza Corp.

714 So. 2d 1039, 1998 Fla. App. LEXIS 5583, 1998 WL 251123

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 64781947

Published

appeals the denial of attorney’s fees under section 57.105, Florida Statutes (1995), against attorney-appellee

Sunshine Boating Center, Inc. v. Heuer

709 So. 2d 625, 1998 Fla. App. LEXIS 3858, 1998 WL 171420

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 64780242

Published

attorney’s fees. We reverse. The issue is whether section 57.105(1) supports an award of attorney’s fees for

Ago

Florida Attorney General Reports | Filed: Mar 2, 1998 | Docket: 3258425

Published

justiciable issues and such fees are authorized under section 57.105, Florida Statutes. Section 39.40(1), Florida

Kern v. Miller Electric Co.

706 So. 2d 935, 1998 Fla. App. LEXIS 1847, 23 Fla. L. Weekly Fed. D 575

District Court of Appeal of Florida | Filed: Feb 25, 1998 | Docket: 64779303

Published

its motion for attorney’s fees pursuant to section 57.105(1), Florida Statutes. We reverse' the order

Rodell v. Narson

706 So. 2d 392, 1998 Fla. App. LEXIS 1357, 1998 WL 65391

District Court of Appeal of Florida | Filed: Feb 18, 1998 | Docket: 64779123

Published

Attorney’s fees will not be awarded pursuant to section 57.105, Florida Statutes (1995), “unless the court

Rehman v. ECC International Corp.

707 So. 2d 752, 1998 Fla. App. LEXIS 139, 1998 WL 4646

District Court of Appeal of Florida | Filed: Jan 9, 1998 | Docket: 64779676

Published

Corp., 476 So.2d 315 (Fla. 5th DCA 1985). . See § 57.105, Fla. Stat; Department of Revenue on Behalf of

Mazzorana v. Mazzorana

703 So. 2d 1187, 1997 Fla. App. LEXIS 14585, 1997 WL 786492

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 64777933

Published

husband’s parents’ attorney’s fees and costs under section 57.105, Florida Statutes (1995); from an order awarding

Lenox v. Bill Whitaker, Chartered

701 So. 2d 1252, 1997 Fla. App. LEXIS 13633, 1997 WL 749427

District Court of Appeal of Florida | Filed: Dec 5, 1997 | Docket: 64777028

Published

assessing fees against appellant pursuant to section 57.105, Florida Statutes (1995). AFFIRMED. GRIFFIN

Shahan v. Listle

703 So. 2d 1090, 1997 Fla. App. LEXIS 11857, 1997 WL 637614

District Court of Appeal of Florida | Filed: Oct 17, 1997 | Docket: 64777896

Published

City of Tarpon Springs (the City) pursuant to section 57.105, Florida Statutes (1995). We reverse because

City of St. Petersburg v. S & E Contractors

697 So. 2d 1321, 1997 Fla. App. LEXIS 9715, 1997 WL 484815

District Court of Appeal of Florida | Filed: Aug 22, 1997 | Docket: 64775409

Published

costs in favor of S & E Contractors pursuant to section 57.105(1), Florida Statutes (1995). We affirm the

First of America Bank-Central v. Sitomer

696 So. 2d 876, 1997 Fla. App. LEXIS 6145, 1997 WL 291955

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 64774848

Published

Boose, Casey was entitled to fees based on section 57.105, Florida Statutes, and as prevailing party

Ferrentino v. Souviron

696 So. 2d 386, 1997 Fla. App. LEXIS 5596, 1997 WL 269206

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 64774706

Published

PER CURIAM. Affirmed. See § 57.105(1), Fla. Stat. (1995); Fla. R. Civ. P. 1.420(d); Carnival Leisure

Lynch v. State Department of Revenue ex rel. Coburn

692 So. 2d 301, 1997 Fla. App. LEXIS 4818, 1997 WL 212745

District Court of Appeal of Florida | Filed: Apr 30, 1997 | Docket: 64772646

Published

that she is entitled to attorney’s fees under section 57.105, Florida Statutes (1995), for defending the

Sugarman v. Galbut

693 So. 2d 640, 1997 Fla. App. LEXIS 4158, 1997 WL 193955

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 64773441

Published

below for attorney’s fees under § 744.108 and § 57.105, Fla. Stat., for services rendered in defending

Crane v. Barnett Bank of Palm Beach County

687 So. 2d 1384, 1997 Fla. App. LEXIS 1701, 1997 WL 78209

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 64771172

Published

denies fees sought by Appellant pursuant to section 57.105(2), Florida Statutes, is reversed. Appellant

Playtime of Brevard v. County Com'rs

687 So. 2d 954, 1997 Fla. App. LEXIS 1019, 1997 WL 63644

District Court of Appeal of Florida | Filed: Feb 14, 1997 | Docket: 1718749

Published

Commissioners of Brevard County ("County") under section 57.105, Florida Statutes (1993). We affirm. Playtime

Johns v. Senn

696 So. 2d 376, 1997 Fla. App. LEXIS 354, 1997 WL 35260

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 64774704

Published

party attorney’s fee to appellee pursuant to section 57.105, Florida Statutes. The statute authorizes an

Paramount Engineering Group, Inc. v. Michelson

685 So. 2d 101, 1997 Fla. App. LEXIS 84, 1997 WL 5167

District Court of Appeal of Florida | Filed: Jan 8, 1997 | Docket: 64769926

Published

assessing attorney’s fees against it pursuant to section 57.105, Florida Statutes (1995). We reverse. Attorney’s

Dippell v. Dippell

683 So. 2d 679, 1996 Fla. App. LEXIS 12920, 1996 WL 710850

District Court of Appeal of Florida | Filed: Dec 11, 1996 | Docket: 64769391

Published

for an award of attorney’s fees pursuant to section 57.105, Florida Statutes (1993). Moreover, appellant’s

State, Department of Transportation v. James

681 So. 2d 886, 1996 Fla. App. LEXIS 11088, 1996 WL 603654

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 64768476

Published

James. James sought attorney’s fees pursuant to section 57.105(1) contending that DOT was aware that the State

Motwani v. Oceancity Investment, Ltd.

682 So. 2d 1158, 1996 Fla. App. LEXIS 11101

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 64769000

Published

involving a claim for attorney’s fees under section 57.105(a), Florida Statutes (1993). The dismissal

Robert Gay Construction Co. v. CECO Building Systems

680 So. 2d 1124, 1996 Fla. App. LEXIS 10766, 1996 WL 590537

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64768132

Published

under the terms of the performance bond and section 57.105, Florida Statutes (1993), it was entitled to

Brockway v. Town of Golfview

675 So. 2d 699, 1996 Fla. App. LEXIS 6682, 1996 WL 346922

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 64765459

Published

final order granting attorney’s fees under section 57.105, Florida Statutes (1993). We reverse the award

Durie v. Guardianship of Durie

672 So. 2d 885, 1996 Fla. App. LEXIS 4557, 1996 WL 210860

District Court of Appeal of Florida | Filed: May 1, 1996 | Docket: 64764309

Published

to justify an award of attorney’s fees under section 57.105(1), Florida Statutes (1993). See Whitten v

Wendy's International, Inc. v. Nu-Cape Construction, Inc.

164 F.R.D. 694, 1996 U.S. Dist. LEXIS 3152, 1996 WL 115439

District Court, M.D. Florida | Filed: Mar 14, 1996 | Docket: 66313321

Published

Florida legislature enacted Florida Statutes, Section 57.105 to give courts the authority to award attorney

Rawls v. Roberts

664 So. 2d 51, 1995 Fla. App. LEXIS 12589, 1995 WL 713963

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 64760553

Published

appellee, Sun Bank, attorney’s fees pursuant to Section 57.105(1), Florida Statutes (1993). We find that the

Westwood Community Two Ass'n v. Lewis

662 So. 2d 1011, 1995 Fla. App. LEXIS 11946, 1995 WL 675324

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 64760131

Published

Procedure, and an attorney’s fee pursuant to section 57.105(1), Florida Statutes (1993). We affirm the

Barnette v. Barnette

658 So. 2d 1246, 1995 Fla. App. LEXIS 8867, 1995 WL 497295

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 64758195

Published

statute. The court did not award fees under section 57.105, Florida Statutes (1993), and in any event

Florida Rock Industries, Inc. v. Balbin

660 So. 2d 1, 1995 Fla. App. LEXIS 8529, 1995 WL 471661

District Court of Appeal of Florida | Filed: Aug 11, 1995 | Docket: 64758612

Published

Rock Industries, Inc. under the provisions of section 57.105(1). We reverse. This action was not so frivolous

Smith v. Whispering Pine Village, Inc.

656 So. 2d 623, 1995 Fla. App. LEXIS 7083, 1995 WL 385413

District Court of Appeal of Florida | Filed: Jun 30, 1995 | Docket: 64757271

Published

assessed attorney’s fees against her pursuant to section 57.105, Florida Statutes. “The purpose of 57.105 is

Miller v. Transflorida Bank

656 So. 2d 1364, 1995 Fla. App. LEXIS 6920, 1995 WL 380180

District Court of Appeal of Florida | Filed: Jun 28, 1995 | Docket: 64757478

Published

attorney and received attorney’s fees under section 57.105, Florida Statutes (1988), for the time he acted

Noggle v. Turner Cattle Co.

656 So. 2d 619, 1995 Fla. App. LEXIS 7002, 1995 WL 380845

District Court of Appeal of Florida | Filed: Jun 28, 1995 | Docket: 64757267

Published

Cattle Company (Turner Cattle) pursuant to section 57.105, Florida Statutes (1991), in this wrongful

Perez v. Memorial Sales, Inc.

655 So. 2d 193, 1995 Fla. App. LEXIS 5584, 1995 WL 315486

District Court of Appeal of Florida | Filed: May 24, 1995 | Docket: 64756467

Published

and presented to the trial court pursuant to section 57.105, Florida Statutes (1993), which essentially

Fenno v. Spearman

653 So. 2d 1147, 1995 Fla. App. LEXIS 5032, 1995 WL 270858

District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 64755812

Published

continue fighting when the fight is over. If section 57.105 does not exist to tax fees as costs against

Moore v. Moore

655 So. 2d 160, 1995 Fla. App. LEXIS 4874, 1995 WL 259130

District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 64756446

Published

trial court awarding attorney fees pursuant to Section 57.105, Florida Statutes. We reverse. We do not in

Marrone v. State Farm Fire & Casualty Insurance

655 So. 2d 146, 1995 Fla. App. LEXIS 4629, 1995 WL 253911

District Court of Appeal of Florida | Filed: May 3, 1995 | Docket: 64756444

Published

our conclusion that this appeal is frivolous. Section 57.105, Florida Statutes provides that a court “shall”

Brahmbhatt v. Allstate Indemnity Co.

652 So. 2d 1224, 1995 Fla. App. LEXIS 3482, 1995 WL 144208

District Court of Appeal of Florida | Filed: Apr 5, 1995 | Docket: 64755323

Published

and attorney’s fees be assessed pursuant to section 57.105, Florida Statutes. See Heilman v. Amerifirst

Davis v. Weldon

652 So. 2d 955, 1995 Fla. App. LEXIS 3437, 1995 WL 143767

District Court of Appeal of Florida | Filed: Apr 5, 1995 | Docket: 64755242

Published

of their request for attorney’s fees under section 57.105(2), Florida Statutes (1989), in Weldon’s action

Malone v. City of Satellite Beach

653 So. 2d 437, 1995 Fla. App. LEXIS 3079, 1995 WL 124681

District Court of Appeal of Florida | Filed: Mar 24, 1995 | Docket: 64755472

Published

petition for attorney’s fees and costs pursuant to section 57.105, Florida Statutes, arguing that there was a

City of Largo v. LaGrande

650 So. 2d 178, 1995 Fla. App. LEXIS 981, 1995 WL 49096

District Court of Appeal of Florida | Filed: Feb 8, 1995 | Docket: 64754180

Published

and Melinda S. LaGrande on the authority of section 57.105, Florida Statutes (1993). The award was based

Olson v. Potter

650 So. 2d 635, 1995 Fla. App. LEXIS 464, 1995 WL 29049

District Court of Appeal of Florida | Filed: Jan 27, 1995 | Docket: 64754362

Published

their motion for attorney’s fees pursuant to section 57.105, Florida Statutes (1991). We reverse because

Independence Bank of New Jersey v. Penning

648 So. 2d 777, 1994 Fla. App. LEXIS 11952, 1994 WL 685626

District Court of Appeal of Florida | Filed: Dec 9, 1994 | Docket: 64753432

Published

awarding James Penning attorney’s fees pursuant to section 57.105, Florida Statutes (1991). We reverse since

Richardson v. Merkle

646 So. 2d 289, 1994 Fla. App. LEXIS 11630, 1994 WL 670370

District Court of Appeal of Florida | Filed: Dec 2, 1994 | Docket: 64752520

Published

assessed against him and his attorneys under section 57.105, Florida Statutes. We affirm the entitlement

Avis Rent A Car Systems, Inc. v. Newman

641 So. 2d 915, 1994 Fla. App. LEXIS 7415, 1994 WL 386496

District Court of Appeal of Florida | Filed: Jul 26, 1994 | Docket: 64750512

Published

was entitled to attorney’s fees pursuant to section 57.105(1), Florida Statutes (1993). We dismiss the

Resnick v. County Line Auto Center, Inc.

639 So. 2d 1091, 1994 Fla. App. LEXIS 7085, 1994 WL 375969

District Court of Appeal of Florida | Filed: Jul 19, 1994 | Docket: 64749712

Published

Auto Center, Inc. attorney’s fees pursuant to section 57.105, Florida Statutes (1993). For the following

Plantation Karate Center, Inc. v. Randall

632 So. 2d 1143, 1994 Fla. App. LEXIS 1797, 1994 WL 68876

District Court of Appeal of Florida | Filed: Mar 9, 1994 | Docket: 64746748

Published

order awarding attorney’s fees pursuant to section 57.105(1), Florida Statutes. We agree and reverse

Plantation Karate Center, Inc. v. Randall

632 So. 2d 1143, 1994 Fla. App. LEXIS 1797, 1994 WL 68876

District Court of Appeal of Florida | Filed: Mar 9, 1994 | Docket: 64746748

Published

order awarding attorney’s fees pursuant to section 57.105(1), Florida Statutes. We agree and reverse

Department of Health & Rehabilitative Services, State ex rel. Bollheimer v. Bollheimer

634 So. 2d 179, 1994 Fla. App. LEXIS 1677, 1994 WL 63303

District Court of Appeal of Florida | Filed: Mar 4, 1994 | Docket: 64747112

Published

trial court of attorney’s fees, based upon section 57.105, Florida Statutes (1991), against a former

Fort v. Department of Health & Rehabilitative Services

626 So. 2d 302, 1993 Fla. App. LEXIS 11177, 1993 WL 452693

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 64743911

Published

because it prevented the father from pursuing his section 57.105(1)3 motion for attorney’s fees against HRS

Morrison Contracting, Inc. v. GSX, Inc.

625 So. 2d 1325, 1993 Fla. App. LEXIS 11152, 18 Fla. L. Weekly Fed. D 2357

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 64743834

Published

$4,700.00 to the appellees on the basis of section 57.105, Florida Statutes (1991). There was not a complete

P.N. v. D.P.

626 So. 2d 271, 1993 Fla. App. LEXIS 10976, 1993 WL 435895

District Court of Appeal of Florida | Filed: Oct 29, 1993 | Docket: 64743897

Published

counterclaim seeking attorney’s fees under section 57.105, Florida Statutes (1989), stating that there

Sclafano v. Sclafano

627 So. 2d 1173, 1993 Fla. App. LEXIS 10333, 1993 WL 406633

District Court of Appeal of Florida | Filed: Oct 13, 1993 | Docket: 64744632

Published

improper to tax fees and costs against her under section 57.105(1), Florida Statutes (1991), at the summary

Singer Products, Inc. v. Tecnecol, Ltda.

625 So. 2d 892, 1993 Fla. App. LEXIS 9975, 1993 WL 390368

District Court of Appeal of Florida | Filed: Oct 5, 1993 | Docket: 64743563

Published

support an award of attorney’s fees pursuant to Section 57.105, Fla.Stat. (1990). Whitten v. Progressive Casualty

Pintar v. Coates

622 So. 2d 159, 1993 Fla. App. LEXIS 8380, 1993 WL 302703

District Court of Appeal of Florida | Filed: Aug 11, 1993 | Docket: 64698050

Published

were entitled to attorney’s fees pursuant to section 57.105, Florida Statutes (1991), which we reverse

Anderson v. Oldham

622 So. 2d 544, 1993 Fla. App. LEXIS 7938, 1993 WL 284626

District Court of Appeal of Florida | Filed: Jul 30, 1993 | Docket: 64698140

Published

Anderson’s request for attorney’s fees under section 57.105(1), Florida Statutes. Had the learned trial

Gould v. Bank of Central Florida

621 So. 2d 588, 1993 Fla. App. LEXIS 7930, 1993 WL 284665

District Court of Appeal of Florida | Filed: Jul 30, 1993 | Docket: 64697721

Published

for, and was awarded, attorney’s fees under section 57.105, Florida Statutes. We reverse on the authority

Manufacturers Hanover Trust Co. v. Law Offices of Bosse

616 So. 2d 619, 1993 Fla. App. LEXIS 4170, 1993 WL 113334

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 64695424

Published

Additionally, the award of attorney’s fees pursuant to section 57.105, Florida Statutes, is reversed as the trial

Jones v. Soldavini & Gualario, Inc.

616 So. 2d 1048, 1993 Fla. App. LEXIS 3458, 1993 WL 86488

District Court of Appeal of Florida | Filed: Mar 24, 1993 | Docket: 64695638

Published

the appellees an attorney’s fee pursuant to section 57.-105, Florida Statutes (1991). The predicate for

Glantz v. Jacaranda Heights Condominium Ass'n

617 So. 2d 327, 1993 Fla. App. LEXIS 2876, 1993 WL 74273

District Court of Appeal of Florida | Filed: Mar 17, 1993 | Docket: 64695772

Published

attorney’s fees against him on the authority of section 57.105, Florida Statutes (1991). Even though the appellant

Rowars v. Quality Industrial Contractors, Inc.

614 So. 2d 19, 1993 Fla. App. LEXIS 2009, 1993 WL 36277

District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 64694402

Published

order awarding attorney’s fees pursuant to section 57.105, Florida Statutes (1991). We reverse. The record

Moran v. Orlando Regional Medical Center

606 So. 2d 1283, 1992 Fla. App. LEXIS 11548, 1992 WL 322992

District Court of Appeal of Florida | Filed: Nov 6, 1992 | Docket: 64670940

Published

permit the assessment of attorney’s fees under section 57.105, Florida Statutes (1991). REVERSED. GOSHORN

Specialty Insurance Underwriters Inc. v. Boyd

604 So. 2d 13, 1992 Fla. App. LEXIS 8859, 1992 WL 183988

District Court of Appeal of Florida | Filed: Aug 5, 1992 | Docket: 64669421

Published

Florida Inc. The only basis for the award was section 57.105, Florida Statutes (1991), but we conclude that

Swortz v. Southern Rainbow Corp.

603 So. 2d 107, 1992 Fla. App. LEXIS 8385, 1992 WL 185031

District Court of Appeal of Florida | Filed: Aug 4, 1992 | Docket: 64669212

Published

jurisdiction to award attorney’s fees pursuant to section 57.105, Florida Statutes (1991). Appellant moves for

In the Interest of K.C.

603 So. 2d 98, 1992 Fla. App. LEXIS 8358, 1992 WL 179395

District Court of Appeal of Florida | Filed: Jul 31, 1992 | Docket: 64669205

Published

imposition of attorney’s fees assessed pursuant to section 57.105, Florida Statutes (1990). We affirm the granting

Cook v. Cook

602 So. 2d 644, 1992 Fla. App. LEXIS 7612, 1992 WL 157455

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 64669000

Published

awarding attorney’s fees to Kathy Cook under section 57.105, Florida Statutes' (Supp.1990) based upon the

Cook v. Cook

602 So. 2d 644, 1992 Fla. App. LEXIS 7612, 1992 WL 157455

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 64669000

Published

awarding attorney’s fees to Kathy Cook under section 57.105, Florida Statutes' (Supp.1990) based upon the

Homestead Ins. Co. v. POOLE, MASTERS & GOLDS.

604 So. 2d 825, 1991 WL 248418

District Court of Appeal of Florida | Filed: Apr 1, 1992 | Docket: 1741126

Published

granted appellate attorney's fees pursuant to section 57.105, Florida Statutes (1991). We now have for consideration

Pena v. Britton, Cohen, Cassell, Kaufman & Schantz, P.A.

595 So. 2d 1095, 1992 Fla. App. LEXIS 2827, 1992 WL 55280

District Court of Appeal of Florida | Filed: Mar 24, 1992 | Docket: 64666124

Published

awarding the appellees attorney’s fees pursuant to Section 57.105, Florida Statutes (1989). The appellant retained

Ganz v. Hzj, Inc.

595 So. 2d 1081, 1992 Fla. App. LEXIS 2691, 1992 WL 48892

District Court of Appeal of Florida | Filed: Mar 17, 1992 | Docket: 64666115

Published

denying Ganz’ motion for attorney’s fees under Section 57.105, Florida Statutes (1991). The plaintiff HZJ

Infeld v. Mamber, Savage & Singer, P.A.

593 So. 2d 1237, 1992 Fla. App. LEXIS 2611, 1992 WL 43221

District Court of Appeal of Florida | Filed: Mar 10, 1992 | Docket: 64665419

Published

CURIAM. The order awarding attorney’s fees under section 57.105, Florida Statutes (1989) was obviously unjustified

Schnier v. Barnett Bank of South Florida, N.A.

595 So. 2d 143, 1992 Fla. App. LEXIS 1358, 1992 WL 26474

District Court of Appeal of Florida | Filed: Feb 18, 1992 | Docket: 64665831

Published

from an order denying attorney’s fees under section 57.105, Florida Statutes (1989), and denying certain

Kelly v. Militana

595 So. 2d 113, 1992 Fla. App. LEXIS 1025, 1992 WL 21850

District Court of Appeal of Florida | Filed: Feb 11, 1992 | Docket: 64665824

Published

appeal the attorney’s fees awarded pursuant to section 57.105, Florida Statutes (1989), against appellants

Fortune Insurance v. Cardoso

592 So. 2d 1245, 1992 WL 16605

District Court of Appeal of Florida | Filed: Feb 4, 1992 | Docket: 64664862

Published

and was awarded attorney’s fees pursuant to section 57.105, Florida Statutes (1987). Upon the claimants’

O'Brien v. Sarka

613 So. 2d 47, 1993 WL 5306

District Court of Appeal of Florida | Filed: Jan 15, 1992 | Docket: 64693865

Published

award of attorneys’ fees imposed pursuant to section 57.105, Florida Statutes. O’Brien had moved to intervene

Vogel v. Baron

586 So. 2d 1346, 1991 Fla. App. LEXIS 13926, 1991 WL 205834

District Court of Appeal of Florida | Filed: Oct 15, 1991 | Docket: 64662156

Published

As the order awarding attorney’s fees under section 57.105, Florida Statutes (1989), and costs is supported

Battista v. Battista

585 So. 2d 459, 1991 Fla. App. LEXIS 8609, 1991 WL 173030

District Court of Appeal of Florida | Filed: Sep 4, 1991 | Docket: 64661363

Published

wife defended and sought attorney’s fees under § 57.105 and § 61.16, Florida Statutes (1989). After a

Ware v. Land Title Co. of Florida

582 So. 2d 46, 1991 Fla. App. LEXIS 5500, 1991 WL 101816

District Court of Appeal of Florida | Filed: Jun 12, 1991 | Docket: 64659967

Published

Sharon L. Williams. Both awards were based upon section 57.105(1), Florida Statutes (1989). The appellant

In the Interest of A.C.

580 So. 2d 884, 1991 Fla. App. LEXIS 5359, 1991 WL 97040

District Court of Appeal of Florida | Filed: Jun 6, 1991 | Docket: 64659292

Published

this dependency proceeding, *885pursuant to section 57.105, Florida Statutes (1989). We reverse. The Department

Florida Keys Electric Cooperative Ass'n v. A & G Blaton of Florida, Inc.

574 So. 2d 1225, 1991 Fla. App. LEXIS 1479, 1991 WL 22570

District Court of Appeal of Florida | Filed: Feb 26, 1991 | Docket: 64656530

Published

their motion for attorney’s fees pursuant to section 57.105(1), Florida Statutes (1989). We affirm the

City of Lauderhill v. Philpart

561 So. 2d 479, 1990 Fla. App. LEXIS 3990, 1990 WL 73354

District Court of Appeal of Florida | Filed: Jun 6, 1990 | Docket: 64650710

Published

reverse the attorney’s fees awarded pursuant to § 57.105, Fla.Stat. (1989), to Ford Consumer Credit Company

Freixas v. Buena Vista Lakes Condominium Ass'n

559 So. 2d 1184, 1990 Fla. App. LEXIS 1196, 1990 WL 17481

District Court of Appeal of Florida | Filed: Feb 27, 1990 | Docket: 64649738

Published

the Association pursuant to the provisions of Section 57.105, Florida Statutes (1987), we must disagree

Muckerman v. Burris

553 So. 2d 1300, 1989 WL 149621

District Court of Appeal of Florida | Filed: Feb 20, 1990 | Docket: 1259204

Published

Muckerman appeals a judgment entered pursuant to section 57.105, Florida Statutes (1987), requiring him to

Mixson v. Hyatt

557 So. 2d 608, 1990 Fla. App. LEXIS 604, 1990 WL 8638

District Court of Appeal of Florida | Filed: Feb 6, 1990 | Docket: 64648567

Published

their motion to recover attorney’s fees under section 57.105, Florida Statutes (1987). Their motion followed

Disposall Inc. v. Wilson

547 So. 2d 1299, 14 Fla. L. Weekly 2038, 1989 Fla. App. LEXIS 4849, 1989 WL 99709

District Court of Appeal of Florida | Filed: Aug 31, 1989 | Docket: 64644556

Published

against Disposall Inc. (ap*1300pellant) pursuant to § 57.105, Fla.Stat. (1987).1 We reverse. Disposall, Inc

Welt v. Love

546 So. 2d 1147, 14 Fla. L. Weekly 1766, 1989 Fla. App. LEXIS 4163, 1989 WL 81740

District Court of Appeal of Florida | Filed: Jul 26, 1989 | Docket: 64643930

Published

default, and awarding attorney’s fees based on section 57.105, Florida Statutes (1987). The trial court erroneously

Broida v. Dade County Election & Canvassing Board

551 So. 2d 497, 14 Fla. L. Weekly 1143, 1989 Fla. App. LEXIS 2533, 1989 WL 47185

District Court of Appeal of Florida | Filed: May 9, 1989 | Docket: 64645898

Published

assessing attorney’s fees against appellant under section 57.105, Florida Statutes (1987). We affirm. Appellant’s

In re Estate of Scott

537 So. 2d 700, 14 Fla. L. Weekly 346, 1989 Fla. App. LEXIS 365, 1989 WL 6237

District Court of Appeal of Florida | Filed: Feb 1, 1989 | Docket: 64640076

Published

therefore the fee award was unwarranted under section 57.105, Florida Statutes (1987). We note in passing

Zibell v. Chan

535 So. 2d 708, 14 Fla. L. Weekly 98, 1988 Fla. App. LEXIS 5760, 1988 WL 138562

District Court of Appeal of Florida | Filed: Dec 29, 1988 | Docket: 64639275

Published

and granted attorneys fees to her pursuant to section 57.105, Florida Statutes (1987). Zibell appeals the

Maryland Casualty Insurance Co. v. Semmer Electric, Inc.

535 So. 2d 670, 14 Fla. L. Weekly 58, 1988 Fla. App. LEXIS 5691, 1988 WL 137226

District Court of Appeal of Florida | Filed: Dec 21, 1988 | Docket: 64639259

Published

attorney’s fees to the appellee pursuant to section 57.105, Florida Statutes (1985). “Attorney’s fees

Khoury v. Estate of Kashey

533 So. 2d 908, 13 Fla. L. Weekly 2509, 1988 Fla. App. LEXIS 4948, 1988 WL 120908

District Court of Appeal of Florida | Filed: Nov 15, 1988 | Docket: 64638564

Published

to tax costs and attorney’s fees pursuant to section 57.105, Florida Statutes (1985).1 The contestants’

Summit Institute in Israel, Ltd. v. Kappitt

528 So. 2d 486, 13 Fla. L. Weekly 1613, 1988 Fla. App. LEXIS 2932, 1988 WL 70760

District Court of Appeal of Florida | Filed: Jul 12, 1988 | Docket: 64636022

Published

awarding fees to Mrs. Kap-pitt pursuant to section 57.105, Florida Statutes (1987), after dismissal of

Department of Health & Rehabilitative Services v. Dubay

522 So. 2d 109, 13 Fla. L. Weekly 781, 1988 Fla. App. LEXIS 1122, 1988 WL 23646

District Court of Appeal of Florida | Filed: Mar 24, 1988 | Docket: 64633596

Published

Jerome Dubay, for attorney’s fees pursuant to section 57.105, Florida Statutes (1985). Judith Marie Lilly

Anlage v. Citytrust

517 So. 2d 37, 12 Fla. L. Weekly 2680, 1987 Fla. App. LEXIS 11123, 1987 WL 1772

District Court of Appeal of Florida | Filed: Nov 24, 1987 | Docket: 64631612

Published

justify an award of attorney’s fees under section 57.-105, Florida Statutes (1985). See Keen v. Bernardo

Warshaw v. Monroy

515 So. 2d 307, 12 Fla. L. Weekly 2524, 1987 Fla. App. LEXIS 10797

District Court of Appeal of Florida | Filed: Nov 3, 1987 | Docket: 64630823

Published

of attorney’s fees to the plaintiffs under Section 57.105, Florida Statutes (Supp. 1986), the order assessing

Schultz v. Lurie

512 So. 2d 1003, 12 Fla. L. Weekly 2059, 1987 Fla. App. LEXIS 10005

District Court of Appeal of Florida | Filed: Aug 21, 1987 | Docket: 64629589

Published

plaintiff filed a Motion for Attorney’s Fees under section 57.105, Florida Statutes (1985). He contended that

Ford v. Miller

506 So. 2d 464, 12 Fla. L. Weekly 1101, 1987 Fla. App. LEXIS 7901

District Court of Appeal of Florida | Filed: Apr 22, 1987 | Docket: 64626842

Published

final order denying them attorney’s fees under section 57.105, Florida Statutes (1985). We reverse. Appellees

Brown ex rel. Brown v. United States Marble

505 So. 2d 1103, 1987 Fla. App. LEXIS 7347, 12 Fla. L. Weekly 851

District Court of Appeal of Florida | Filed: Mar 25, 1987 | Docket: 64626537

Published

attorney’s fees against the plaintiff under section 57.105, Florida Statutes (1985). We reverse. As we

First v. Carver

504 So. 2d 50, 12 Fla. L. Weekly 828, 1987 Fla. App. LEXIS 7290

District Court of Appeal of Florida | Filed: Mar 18, 1987 | Docket: 64625907

Published

appellees their attorney’s fees pursuant to section 57.105, Florida Statutes (1985). At a subsequent hearing

State, Department of Health & Rehabilitative Services, Office of Child Support Enforcement ex rel. Cook v. Carr

501 So. 2d 30, 12 Fla. L. Weekly 174, 1986 Fla. App. LEXIS 11454

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 64624380

Published

of an order awarding attorney’s fees under section 57.105, Florida Statutes (1985). Under the program

Keyes Co. v. Friedes

497 So. 2d 916, 11 Fla. L. Weekly 2351, 1986 Fla. App. LEXIS 10534

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 64623049

Published

commission. The award was made pursuant to Section 57.105, Florida Statutes (1985). We reverse based

Brady v. Myers

413 So. 2d 466, 1982 Fla. App. LEXIS 20667

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 64589693

Published

award of $1,000 in attorneys fees pursuant to Section 57.105, Florida Statutes (1979). Appellant joined

Autorico, Inc. v. Travelers Indemnity Co.

400 So. 2d 164, 1981 Fla. App. LEXIS 20327

District Court of Appeal of Florida | Filed: Jun 23, 1981 | Docket: 64583428

Published

attorney’s fees were assessed against it under Section 57.105, Fla.Stat. (1979). Autorico, Inc. v. Government

Hartman Services, Inc. v. Southeast First National Bank of Miami

399 So. 2d 404, 1981 Fla. App. LEXIS 20022

District Court of Appeal of Florida | Filed: Jun 2, 1981 | Docket: 64583016

Published

DCA 1968). Second, it cannot be claimed under Section 57.105, Florida Statutes (1979) because no claim for