The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . In particular, Florida Statute § 57.105(7) provides that- [i]f a contract contains a provision allowing . . . Stat. § 57.105(7). . . . The Florida courts have held that § 57.105(7) aims "to even the playing field," which inures to Pier . . . Sadly for Pier 1, Florida courts have also emphasized-in the same breath-that § 57.105(7) doesn't authorize . . .
. . . entitlement to prevailing party attorney's fees and costs pursuant to the reciprocity provision of section 57.105 . . . entitlement to attorney's fees based on a fee provision in the mortgage and the application of section 57.105 . . . attorney's fees and costs pursuant to the mortgage's fee provision and the reciprocity provision of section 57.105 . . . Bank argue that Faramarz is not entitled to an award of attorney's fees and costs under section 57.105 . . .
. . . Pursuant to section 57.105(7), Florida Statutes (2017), she argued entitlement to attorney's fees. . . . Under section 57.105(7), "[i]f a contract contains a provision allowing attorney's fees to a party when . . . that party prevails in any action, whether as plaintiff or defendant, with respect to the contract." § 57.105 . . .
. . . record reflects, and Qofa concedes, that he never sought attorney's fees as a sanction under Section 57.105 . . . importantly, Qofa presents no support for his argument that attorney's fees are warranted under section 57.105 . . .
. . . ' motion to tax attorneys' fees and costs, as to entitlement only, pursuant to sections 720.305 and 57.105 . . . The purpose of section 57.105 is to deter misuse of the judicial system and discourage needless litigation . . .
. . . attorney's fees for the hours spent litigating the entitlement to fees for an unsuccessful section 57.105 . . . In addition, Appellee moved separately for attorney's fees and costs pursuant to section 57.105, Florida . . . The trial court denied the section 57.105 motion for attorney's fees but granted the section 736.1004 . . . included in her request the time spent litigating the entitlement to fees for the unsuccessful section 57.105 . . . Otherwise, the trial court shall remove the time spent litigating the unsuccessful section 57.105 motion . . .
. . . Counsel served Roberson with a notice of their intent to file a motion for sanctions pursuant to section 57.105 . . . ANALYSIS An appellate court reviews an order denying a motion for 57.105 sanctions for an abuse of discretion . . . only if the record reflects that no reasonable trial judge could have denied the subject motions for 57.105 . . . See § 57.105(4), Fla. Stat. . . . Section 57.105(1) provides as follows: (1) Upon the court's initiative or motion of any party, the court . . .
. . . Ultimately, the Estate served via email a section 57.105 motion for sanctions on the purported heir and . . . did not dismiss the action or withdraw the petition during the safe harbor period provided by section 57.105 . . . Caplan , 140 So.3d 686, 688-90 (Fla. 4th DCA 2014) (holding that a section 57.105 sanctions motion was . . . The court nonetheless concluded that sanctions were warranted and imposed section 57.105 sanctions on . . . Petitioners moved for reconsideration, arguing that the court lacked jurisdiction to impose section 57.105 . . .
. . . Alexander , 190 So.3d 1114, 1117 (Fla. 5th DCA 2016) (holding that a party cannot employ section 57.105 . . . After the voluntary dismissal, Rios moved for fees under both section 57.105(1) and section 57.105(7) . . . The trial court denied fees under section 57.105(1), but granted fees under section 57.105(7). Id. . . . Notably, Judge Scales observed that "[a]s section 57.105(7) plainly requires, to gain the benefit of . . . In our view, in order to avail herself of section 57.105(7)'s reciprocity, Ada Rios, as the prevailing . . . lawsuit provided for costs and expenses if the Note holder was to enforce the Note" and that section 57.105 . . . Section 57.105(7), Florida Statutes, operates to make a unilateral attorney's fees provision in a mortgage . . . In order for a prevailing party to avail itself of section 57.105(7), both the movant and the opponent . . . homeowner were parties to the underlying contract so as to justify attorney's fees pursuant to section 57.105 . . . judicial determination, should allow reliance on the reciprocal attorney's fees provision of section 57.105 . . .
. . . interpretation of the attorney's fees provisions of the Declaration and in its finding that section 57.105 . . . The purpose of section 57.105(7) is "simply to ensure that each party gets what it gives." Fla. . . . The plaintiff argued that the defendants did not trigger section 57.105(7) because they did not seek . . . Florida Statute § 57.105(7) allows a party to invoke mutuality even if they are a "defendant." . . . The language of section 57.105(6), Florida Statutes (2002), is identical to the statute at issue. . . .
. . . In Goersch , we addressed whether a motion for sanctions brought pursuant to section 57.105(4), Florida . . .
. . . foreclosure in favor of the Bank, Quintela moved for attorneys' fees and costs pursuant to section 57.105 . . . entitled to fees and costs under section 22 of the mortgage and the reciprocity provision of section 57.105 . . . entitlement to attorney's fees and costs based on a provision in the mortgage and the application of section 57.105 . . . Under section 57.105(7), "[i]f a contract contains a provision allowing attorney's fees to a party when . . .
. . . of Appellate Procedure] 9.410(b), parties seeking appellate fees as a sanction pursuant to section 57.105 . . . prefatory clause of rule 9.400(b) -the procedural rule governing fees with a basis other than section 57.105 . . . filing on its own, especially considering the low rate of filing and success of appeals of denials of § 57.105 . . .
. . . However, the defendants did not comply with section 57.105(4)'s safe harbor provision. Id. . . . As can be seen from the quote above, our reference in Watson to excusing a section 57.105 procedural . . . We did not hold, and Watson should not be read to hold, that any section 57.105 procedural deficiency . . . That dicta provided, in pertinent part: We ... do not construe [section 57.105 ] to require the trial . . . court to give a separate notice of its intent to entertain a section 57.105 motion on its own initiative . . .
. . . jurisdiction to impose sanctions if the case is voluntarily dismissed within the safe harbor period in section 57.105 . . .
. . . 57.105(3)(c). . . . may be ordered to pay attorney's fees under section 57.105(3)(c). . . . " version of section 57.105 in the opinion. . . . 57.105(1)(b). . . . We hold that under proper circumstances, section 57.105(3)(c) permits the filing of a section 57.105( . . .
. . . Appellant argues that she is entitled to attorneys' fees under section 57.105(7), Florida Statutes (2018 . . .
. . . Likewise, in Matte , the court addressed a motion for sanctions sought pursuant to section 57.105, Florida . . . In doing so, the court found that preliminary service of a motion for sanctions under section 57.105 . . . See § 57.105(4), Fla. Stat. (2018). . . .
. . . challenges the trial court's denial of her motion for attorney's fees and costs filed pursuant to section 57.105 . . . moving for summary judgment, sought the imposition of sanctions against Gulf Coast pursuant to section 57.105 . . . A trial court's ruling on a motion for attorney's fees and costs pursuant to section 57.105, Florida . . . Section 57.105, Florida Statutes (2016), provides: Upon the court's initiative or motion of any party . . . See § 57.105(3)(a)-(d), Fla. Stat. (2016). . . .
. . . entitlement to prevailing party attorney's fees and costs pursuant to the loan documents and section 57.105 . . . entitlement to attorney's fees based on a fee provision in the mortgage and the application of section 57.105 . . . that she became the prevailing party for purposes of an award of prevailing party fees under section 57.105 . . . Therefore, Borrower is not precluded from recovering fees based on a provision in the contract and section 57.105 . . . Section 57.105(7)"transforms any such unilateral contractual attorney's fee provision into a reciprocal . . .
. . . They also requested reciprocal attorney's fees pursuant to section 57.105(7), Florida Statutes. . . . In Gruenwald , the First Circuit held that section 57.105(7) does not apply in a case in which a creditor . . . Section 57.105(7) provides as follows: If a contract contains a provision allowing attorney's fees to . . . "The purpose behind section 57.105(7) is to provide mutuality of attorney's fees as a remedy in contract . . . The Tylinskis then moved for attorney's fees based on section 57.105(7), arguing that both contracts . . .
. . . s motion for sanctions under section 57.105(1), Florida Statutes (2015). . . . "A finding that a party is entitled to recover attorney's fees under section 57.105 must be based upon . . .
. . . party fees pursuant to the fee provision in the mortgage and the reciprocity provisions of section 57.105 . . . moved for attorney's fees pursuant to the prevailing party fee provision in the mortgage and section 57.105 . . . the Bank's arguments and ruled that Borrowers were entitled to fees under the mortgage and section 57.105 . . . holding in Fitzgerald , that "to be entitled to fees pursuant to the reciprocity provision of section 57.105 . . .
. . . Rickard (d/b/a Law Guard) and Nature's Sleep ("NS") appeal the denial of their section 57.105(1)(b), . . . Pursuant to section 57.105(4), Appellees were informed that they had twenty-one days to withdraw their . . . See § 57.105(3)(c) ("[M]onetary sanctions may not be awarded ... . . . [w]ould not be supported by the application of then-existing law to those material facts." § 57.105(1 . . . which are applicable here, other than 57.105(3)(c), as discussed above). . . .
. . . . § 57.105(7). . . . Stat. § 57.105(7), and principles of surety law. . . . Stat. § 57.105(7). B. . . . Stat. § 57.105(7). . . . Stat. § 57.105 is inapplicable. . . .
. . . sanctions against them (fifty percent) and their attorney (fifty percent) in accordance with section 57.105 . . . Appellee, PNC Bank, N.A., served a section 57.105(1) safe harbor notice demanding that defense be withdrawn . . . The trial court held a post-trial hearing on PNC's section 57.105(1) motion and noted that Appellants . . . Accordingly, the trial court found PNC was entitled to section 57.105 sanctions from October 26, 2015 . . . fees, costs, and interest to be awarded to PNC and against Appellants and attorney Saracco as section 57.105 . . .
. . . assessed against them as a sanction pursuant to Florida Rule of Appellate Procedure 9.410 and section 57.105 . . .
. . . provides for fees to the creditor in any collection action and the reciprocity provision in section 57.105 . . . ENFORCE A CONTRACT, SUCH THAT THE PREVAILING PARTY IS ENTITLED TO AN AWARD OF ATTORNEYS' FEES UNDER § 57.105 . . . TO THE CONTRACT" SUCH THAT THE PREVAILING PARTY IS ENTITLED TO AN AWARD OF ATTORNEY'S FEES UNDER § 57.105 . . . Bushnell argues that the trial court erred in interpreting section 57.105(7) to require an "action to . . . In our view, there are two requirements for application of the reciprocity provision in section 57.105 . . .
. . . borrower moved for prevailing party attorney's fees and costs pursuant to the loan documents and section 57.105 . . .
. . . , and Maria Isabel Martinez (collectively "the appellees"), attorney's fees and costs under section 57.105 . . . The parties were, however, unable to reach an agreement, and thereafter the appellees' section 57.105 . . . "The purpose of section 57.105 is to discourage baseless claims, stonewall defenses and sham appeals . . . Herron, 828 So.2d 414, 417 (Fla. 1st DCA 2002) (quoting § 57.105, Fla. . . . If that were the case every summary judgment would be followed by a section 57.105 motion. . . .
. . . first impression for this Court regarding whether a motion for sanctions served pursuant to section 57.105 . . . Procedurally, it involves a two-step process. § 57.105(4), Fla. Stat. . . . In the case of a section 57.105 motion, the general law controls the timing of the filing. . . . . § 57.105(4), Fla. Stat. . . . Section 57.105 does not specify a method of service. . . . Fla. 2d DCA 2017) (concluding email service requirements of rule 2.516(b)(1) do not apply to section 57.105 . . . There is no notable difference between the language in section 57.105(4), which states, "[a] motion by . . . conclusions in Matte, 140 So.3d at 690 (concluding strict compliance with rule 2.516 applies to section 57.105 . . .
. . . Stat. 57.105(5). The ALJ in this case awarded fees under Rule 6A-6.03311(9)(x). . . .
. . . appeal the trial court's order which determined only entitlement to attorney's fees pursuant to section 57.105 . . .
. . . awarded Appellee $500.00 attorney's fees based her amended motion for fees brought pursuant to section 57.105 . . . the Florida Supreme Court approved our earlier holding that an award of attorney's fees under section 57.105 . . .
. . . prevailing party does not equate to the status of a mortgagor under the mortgage 'so as to trigger section 57.105 . . .
. . . This left the children (and now leaves us) with just one asserted basis for fees: section 57.105(7), . . . Under section 57.105(7), when a contract provides prevailing-party fees for one party, the court may . . . On appeal, Azalea Trace argues that it cannot be liable under section 57.105(7) because it was not a . . . So if we decided in the earlier appeal that the assignment and section 57.105(7) authorized a fee award . . . Co., N.A. , 215 So.3d at 119 ("Because section 57.105(7) shifts the responsibility for attorney's fees . . .
. . . shall show cause in writing within five days why sanctions should not be imposed pursuant to section 57.105 . . .
. . . Abbate's counsel with a motion and notice pursuant to section 57.105, Florida Statutes (2014), asserting . . . The section 57.105(4) statutory notice, sometimes called a safe harbor notice, was sent to Mrs. . . . This action was taken outside the twenty-one-day safe harbor period set forth in section 57.105, and . . . applied the email service requirements of rule 2.516 to service of a motion for purposes of section 57.105 . . . Section 57.105(4) states: "A motion by a party seeking sanctions under this section must be served but . . .
. . . fees and costs pursuant to section 627.428, Florida Statutes (2017) and as a sanction under section 57.105 . . . section 627.428, the error was harmless because the trial court properly awarded fees under section 57.105 . . .
. . . Radosevich moved for trial court attorney's fees and costs as the prevailing party, pursuant to section 57.105 . . . discretion in determining that the property owner was not entitled to attorney's fees under section 57.105 . . . Section 57.105(7) provides: "If a contract contains a provision allowing attorney's fees to a party when . . . Thus, pursuant to section 57.105(7), Radosevich would also be entitled to her attorney's fees in the . . .
. . . Can the Debtor recover the extra $207,454 in fees under section 57.105, Florida Statutes, as the prevailing . . . So the Debtor has moved to recover the extra $207,454 in fees under section 57.105, Florida Statutes, . . . The Debtor argues that section 57.105, Florida Statutes — which the Debtor denominates as the relevant . . . Section 57.105, as far as the Debtor’s cited authorities show, allow a party to seek prevailing party . . . Chambers, 732 So.2d 1141, 1143 (Fla. 4th DCA 1999)). . § 57.105(7), Fla. Stat. . Adv. Doc. . . .
. . . recognized the following: [T]o be entitled to fees pursuant to the reciprocity provision of section 57.105 . . .
. . . buyer's remorse," the trial court should consider imposing sanctions on the former husband under section 57.105 . . .
. . . fees pursuant to the attorneys' fees clause in the mortgage and the reciprocal provision of section 57.105 . . .
. . . Miami Beach, Florida; and (3) granting a motion to impose sanctions against him pursuant to section 57.105 . . .
. . . Charles Moore appeals the trial court's order denying his motion for attorney's fees under section 57.105 . . . "A trial court's order denying a request for attorney's fees pursuant to section 57.105 is reviewed for . . . Section 57.105, Florida Statutes, provides in pertinent part: (1) Upon the court's initiative or motion . . . At that point, section 57.105(4) provided Flaire Mae's estate and its counsel with a twenty-one-day " . . . and raises an argument that was not raised in the original motion for section 57.105 sanctions, the . . .
. . . . § 57.105. . . .
. . . The trial court denied Carnival's motion for sanctions pursuant to section 57.105, Florida Statutes ( . . .
. . . Winkleman, Esq.), appeal three orders awarding attorney's fees as a sanction under section 57.105, Florida . . . plan was so unsupported by material facts or then-existing law as to warrant sanctions under section 57.105 . . . (1) if not withdrawn within the 21-day "safe harbor" period specified in section 57.105(4). . . . The trial court reserved ruling on the sanctions and did not enter any findings under section 57.105. . . . Dwyer, 332 So.2d 333, 335 (Fla. 1976). § 57.105(3)(a), Fla. Stat. (2016). . . .
. . . moved for appellate attorney's fees, citing as their basis for entitlement Florida Statute section 57.105 . . .
. . . argued that as a substituted party in interest, and based on the reciprocity provisions of section 57.105 . . . Section 57.105(7) dictates that this provision would equally apply to the borrower. . . . See § 57.105(7), Fla. Stat. . . . So.3d 1112, 1116 (Fla. 3d DCA 2016) ("Only the parties to a contract may avail themselves of section 57.105 . . . See § 57.105(7), Fla. Stat. . . .
. . . were entitled to fees as the prevailing party based on provisions of the note and mortgage and section 57.105 . . . motion for attorney's fees was based on the provisions of the mortgage and note at issue and section 57.105 . . . Section 57.105(7) provides the following: If a contract contains a provision allowing attorney's fees . . . 2013) (concluding that the mortgagor was entitled to prevailing party attorney's fees under section 57.105 . . . But Boxer did not involve the determination of a prevailing party within the meaning of section 57.105 . . .
. . . 963 So.2d 297 (Fla. 5th DCA 2007), regarding whether an award of attorney’s fees pursuant to section 57.105 . . . For the reasons that follow, we approve the First District’s holding that section 57.105 does not prohibit . . . See § 57.105(1). And it is. See H.K. ex rel. Colton v. . . . Because section 57.105’s language plainly states that its provisions apply to “civil proceeding^] or . . . may be applied to section 784.046 actions where all other requirements of section 57.105 are met. . . . ”'§ 57.105(1), Fla. Stat. (2013); see majority op. at 453. . . . Moreover, the incompatibility of the statutory schemes demonstrates that section 57.105 was never intended . . . respondents against whom injunctions for protection are brought to seek attorney’s fees under section 57.105 . . . By concluding that an action for an injunction for protection is a civil action to which section 57.105 . . . Such incompatibility clearly shows that the Legislature never intended for section 57.105 to apply to . . .
. . . attorney’s fees based on the attorney’s fees provision in paragraph 22 of the mortgage and section 57.105 . . . attorney’s fees under either paragraph 22 of the mortgage or the reciprocity rule found in section 57.105 . . . Red Road Residential, LLC, 197 So.3d 1112, 1115 (Fla. 3d DCA 2016) (“As section 57.105(7) plainly requires . . .
. . . prevailing parties, they are entitled to attorney's fees in accordance with the mortgage and section 57.105 . . . "[B]y operation of law, section 57.105(7) bestows on the other party to the contract[-the borrower-]the . . . In order to obtain prevailing party fees pursuant to section 57.105(7), the moving party must prove three . . . Conversely, section 57.105(7) cannot support an award of fees in favor of parties who are strangers to . . . Nor can section 57.105(7) be employed to impose fees on a non-party to the contract. . . .
. . . Florida Insurance Company (“State Farm”) as a sanction for filing a frivolous complaint under section 57.105 . . . Orders awarding attorney’s fees as a sanction under section 57.105(1) for raising frivolous claims or . . . See § 57.105(3)(a), Fla. Stat. . . . See § 57.105(1), Fla. Stat. . . . There is no authorization in section 57.105 for that outcome. . . . However, I believe that it was an abuse of discretion to grant section 57.105 sanctions in the instant . . . known that her claim “[w]as not supported by material facts necessary to establish [her] claim.” § 57.105 . . . Thus, it was error to impose section 57.105 sanctions. . . . . See § 57.105(3)(a), Fla. Stat. (2012). . . .
. . . Pursuant to section 57.105(1), Florida Statutes (2016), Florida Rule of Appellate Procedure 9.410(a), . . . See, e.g., § 57.105(1), Fla. Stat.; Sullivan v. Sullivan, 54 So.3d 520, 523 (Fla. 4th DCA 2010). . . .
. . . Henry’s counsel with a motion for attorney’s fees pursuant to the “safe harbor” provision of section 57.105 . . . counterclaims were devoid of legal or factual support, and therefore frivolous, within the meaning of section 57.105 . . . Noel’s counsel with a motion for attorney’s fees pursuant to the “safe harbor” provision of section 57.105 . . . Reversed and remanded for further proceedings. . .Section 57.105, Florida Statutes, provides in relevant . . .
. . . Section 57.105(1) provides as follows: Upon the court’s initiative or motion of any party, the court . . . Here again, as noted above, section 57.105(1) provides only for an award of attorney’s fees—not costs . . . Thus, the court’s opinion does not clearly affirm an award of costs under section 57.105(1). . . . Instead, it is unclear in each case whether the costs were imposed under section 57.105(1) or on some . . . “because the entire award could have been made pursuant to section 57.105 alone.” . . .
. . . Schutzers, and their counsel, Ralf Brookes, cross-appeal an order sanctioning them pursuant to section 57.105 . . . The standard of review of a trial court’s decision on entitlement to section 57.105(1) attorney’s fees . . . Section 57.105(1), Florida Statutes (2016), states that a court “shall award a reasonable attorney’s . . . Merely losing a case is not a basis for sanctions under section 57.105. Cullen v. . . . Our decision is guided by the need to apply section 57.105 with restraint. . . .
. . . Goodman, pursuant to section 57.105, Florida Statutes, for proceeding with the partition action. . . .
. . . immunity had been found in a criminal case could be subject to an attorney’s fee sanction under section 57.105 . . .
. . . judgment,- it is unclear whether 'the trial court awarded attorney’s fees pursuant to sections 772.11 or 57.105 . . .
. . . trial court's order determining the defendants were entitled to attorney’s fees based ■ on section 57.105 . . . We,- therefore, do not address the defendants’ entitlement to section 57.105 fees. . . . .
. . . holding a trial court has continuing jurisdiction to resolve a pending motion for sanctions under section 57.105 . . .
. . . Joel Chandler appeals from a final order awarding KCCS, Inc., fees pursuant to section 57.105(1), Florida . . .
. . . appellee if successful in an action to enforce the mortgage and the reciprocal provision of section 57.105 . . .
. . . letter from opposing counsel giving him notice of the former wife’s claim for sanctions under section 57.105 . . .
. . . the trial court order determining that Appellee was entitled to recover attorney’s fees under section 57.105 . . .
. . . attorney’s fees and costs based upon a provision in the mortgage and the reciprocity provisions of section 57.105 . . . Here, the Borrower relies upon section 57.105(7),' Florida Statutes (2016), in support of her motion. . . . The plain language of section 57.105(7) has two requirements. First, the party must have prevailed. . . . fees in the first place, there [was] no basis to invoke the compelled mutuality provisions of section 57.105 . . . Simply put, to be entitled to fees pursuant to the reciprocity provision of section 57.105(7), the movant . . .
. . . the trial court’s final order denying its motion in which it sought attorney fees pursuant to section 57.105 . . . In its order, the trial court denied the motion for section 57.105 fees on both procedural and substantive . . . explain that the trial court erred in applying Florida Rule of Judicial Administration 2.516 to a section 57.105 . . . Section 57.105(4) requires that “[a] motion by a party seeking sanctions under this section must be served . . . Here, it was undisputed that Isla Blue sent its section 57.105 notice by U.S. mail and that the parties . . .
. . . appeals a sanctions order, and argues the trial court erred in sanctioning her pursuant to section 57.105 . . . While the father complied with section 57.105, she argues he failed to comply with the strict requirements . . . The father then moved for sanctions, pursuant to section 57.105, arguing the mother’s petition was frivolous . . . Section 57.105 requires a party filing a motion for sanctions to comply with, the twenty-one-day “safe . . . harbor” provision, and Florida Rule of Judicial Administration 2.516. § 57.105(4), Fla. . . .
. . . Jones opposed the motion and moved for sanctions pursuant to section 57.105, Florida Statutes (2014); . . . These other documents included her counsel's letters to VWAG pursuant to section 57.105; what purportedly . . .
. . . Florida Statutes (2014) (fee award for prevailing party in action to enforce Declaration); and section 57.105 . . . Section 57.105 While it is improbable that the award was based on section 57.105, that third statute . . . An award of fees under section 57.105 requires a determination by the court that “the party or its counsel . . .
. . . Trust (“Appellants”) appeal the trial court’s denial of their motion for attorney’s fees under section 57.105 . . . Perhaps you should file a 57.105 claim against Judge Barkdull as well. Good luck with that.” . . . Perhaps you should file a 57.105 claim against Judge Barkdull as well. Good luck with that.” . . . See § 57.105(3)(a), Fla. Stat. . . . . See § 57.105(3)(c), Fla. Stat. . . .
. . . these cases is Matte, where a defendant served a motion for sanctions on plaintiff pursuant to section 57.105 . . . was served on plaintiff by e-mail, but not filed due to the twenty-one-day grace period in section 57.105 . . . of rule 2.516(a)—it simply presumes that preliminary service of a motion for sanctions under section 57.105 . . . Similar to proposals for settlement, motions for sanctions under section 57.105 are not filed in court . . . Compare § 57.105(4), with § 768.79(3), mid Fla. R. Civ. P. 1.442(d). . . .
. . . moved to dismiss based on its alleged lien priority, and its counsel threatened sanctions under section 57.105 . . .
. . . seeking attorneys’ fees, suit money, or costs, if the basis for the request is solely under section 57.105 . . .
. . . attorney’s fees to Jill Fitzgerald (“Fitzgerald”) pursuant to the reciprocity provision of section 57.105 . . . the Bank and Fitzgerald that would allow Fitzgerald to invoke the reciprocity provisions of section 57.105 . . . The trial court therefore erred in awarding Fitzgerald attorney’s fees pursuant to section 57.105(7), . . . Section 57.105(7) provides as follows: (7) If a contract contains a provision allowing attorney’s fees . . . Subsection (2) of section 57.105 was renumbered as (7) in 2003. . . .
. . . affirming trial court’s denial of a motion for attorney’s fees sought as a sanction pursuant to section 57.105 . . . compliance with rule 2.516, and implicitly recognizing that a motion for attorney’s fees under section 57.105 . . .
. . . basis for Florida courts holding one-sided fee recovery provisions as bilateral stems from Section 57.105 . . . Ann. § 57.105 (emphasis added). . . . Defendant is correct that Tilbury references Section 57.105(6) but it does so without addressing the . . . one sentence that “parties not in privity cannot benefit from the reciprocity provisions of section 57.105 . . . Stat. § 57.105(2),. entitled Gibbs and Fidelity to their attorney’s fees.” . . .
. . . Elie and imposing sanctions under section 57.105(1), Florida Statutes (2013). . . . 1025-26 (Fla. 5th DCA 2012) (holding that appeal from order granting sanctions pursuant to section 57.105 . . .
. . . Additionally, the former husband sought attorney’s fees pursuant to section 57.105, Florida Statutes, . . .
. . . Busch, pursuant to sections 57.105(7) and 712.08, Florida Statutes (2015). . . . any action to enforce compliance with its provisions and that the reciprocal provisions of section 57.105 . . . The ARD Case and Section 57.105(7), Florida Statutes. . . . order awarding attorney’s fees to the Busches and against Appellant pursuant to the ARD' and section 57.105 . . .
. . . the bank voluntarily dismissed a foreclosure complaint within the safe harbor provision of section 57.105 . . .
. . . individual defendants based their attorney’s fees motion upon the contract’s fee provision and section 57.105 . . . court found the defendants were entitled to fees as prevailing parties under the contract and section 57.105 . . .
. . . Metcalfs pending motion for sanctions under section 57.105, Florida Statutes (2016). . . . proposed motion for attorney’s fees, alleging an entitlement to attorney’s fees pursuant to section 57.105 . . . A trial court lacks jurisdiction to hear a motion for sanctions under section 57.105 that is filed after . . . 121 So.3d 23, 41-43 (Fla. 2013), the trial court has continuing jurisdiction to consider a section 57.105 . . . the offending pleading within twenty-one days of a defendant’s request for sanctions under section 57.105 . . .
. . . the restrictive covenants and section 720.305(1), as well as the reciprocity provisions of section 57.105 . . .
. . . of an amended order apportioning the fees between Appellant and his counsel as required by section 57.105 . . .
. . . 1.525 and basing the request for sanctions on “the' inherent power of the Court” rather than section 57.105 . . .
. . . served their multi-count complaint on Ban-kUnited, BankUnited served Plaintiffs, pursuant to section 57.105 . . . BankUnited then filed its previously served 57.105 motion. . . . , this Court must also award BankUnited entitlement to appellate fees, pursuant to sections 57.105 and . . . Essentially, BankUnited suggests that section 57.105 is a prevailing party fee statute as contemplated . . . BankUnited identifies section 57.105 as the exclusive, substantive basis for entitlement to appellate . . .
. . . filed a motion for attorneys’ fees and costs, contending that it was the prevailing party under section 57.105 . . .
. . . , in part, denied its two motions for attorney’s .fees .and delay damages filed pursuant to section 57.105 . . . So I don’t think I would find there is a 57.105 issue. . . . A trial court’s order denying a request for attorney’s fees pursuant to section 57.105 is reviewed for . . . Kennelly, 847 So.2d 1151, 1154 (Fla. 5th DCA 2003) (citing § 57.105, Fla. . . . “The current version [of section 57.105, Florida Statutes], however, now authorizes an award of fees . . .
. . . Florida Statutes Section 57.105(7) provides for the reciprocal recovery of attorney fees. . . .
. . . Frenkel Trust was entitled to attorney’s fees based both on the mortgage’s fee provision and on section 57.105 . . . mortgage containing the subject fee provision, it is therefore unable to derive the benefit of section 57.105 . . . fee provision that entitled only the lender to prevailing party fees, by operation of law, section 57.105 . . .
. . . . §' 57.105 (West 2016) (requiring the court to award attorneys’ fees to the prevailing party upon finding . . .
. . . attend mediation and a related amended final judgment for attorney’s fees and costs pursuant to section 57.105 . . . the show cause order was made in bad faith, and a motion for attorney’s fees and costs under section 57.105 . . . The trial court itself, in its order granting sanctions under section 57.105(1), described H & R Block . . . 57.105(7). . . . party securing a dismissal pursuant to rule 1.420(b) is a prevailing party for purposes of section 57.105 . . .
. . . . § 57.105(7). . . . The award of attorneys’ fees under § 57.105(7) is mandatory for the prevailing party. . . . attorneys’ fees in enforcing them, the Warrens as the borrowers may receive attorneys’ fees under § 57.105 . . .
. . . proceeding from the trial court’s order denying appellant’s motion for attorney’s fees pursuant to section 57.105 . . . The guardian filed a motion to tax attorney’s fees pursuant to section 57.105 based on the trial court . . . However, with respect to whether this is a case that’s ripe and appropriate for 57.105 sanctions, I’m . . . I realize and I understand that you complied with the 57.105 statute by giving them 21 days notice of . . . Wendy’s, 865 So.2d at 524 (quoting Visoly, 768 So.2d at 491); see also § 57.105(3)(a), Fla. Stat. . . .
. . . Appellant, Sean Hall, appeals the trial court’s order denying his motion for section 57.105 attorney’ . . . agree with Appellant that the trial court erred in ruling that attorney’s fees pursuant to section 57.105 . . . Following a hearing on the legal issue of whether a court may award attorney’s fees under section 57.105 . . . In its order, the trial court reasoned as follows: Section 57.105 attorney’s fees may be awarded as a . . . Section 57.105, Florida Statutes (2013), provides in pertinent part: (1) Upon the court’s initiative . . .