Attorneys and Attorneys’ Fees

Parrish v. RL Regi Financial, LLC

Trial court abused its discretion by entering a sanction order requiring attorney to report the violation to The Florida Bar because such sanction was not mention in the motion for sanctions and because the attorney was not provided an opportunity to present evidence he had acted in good faith.  Parrish v. RL Regi Financial, LLC, 194 So.3d 571 (Mem) (Fla. 2d DCA June 29, 2016).

Florida Peninsula Ins. Co. v. Brunner

Trial court properly denied motion for attorney’s fees per Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes because the offer to plaintiff’s counsel requested he assure that he would satisfy and extinguish “other claims of third parties,” but there was no signature block for the attorney to sign.  Florida Peninsula Ins. Co. v. Brunner, 193 So.3d 1026 (Fla. 3d DCA June 8, 2016).

Florida Community Bank, N.A. v. Red Road Residential, LLC

Trial court erred in awarding attorney’s fees against  mortgagee that voluntarily dismissed the action after defendant had served a motion for frivolous attorney’s fees per section 57.105, Florida Statutes, on basis defendant was a prevailing party because there was no decision made as to whether the defendant was a party to the mortgage.  Florida Community Bank, N.A. v. Red Road Residential, LLC, 197 So.3d 1112 (Fla. 3d DCA June 8, 2016).

Zavadil v. The Florida Bar

Trial court properly dismissed complaint against The Florida Bar, alleging The Florida Bar defamed plaintiff when it posted in his profile page that he had been “disbarred” when in fact his license had been “revoked.”  Zavadil v. The Florida Bar, 197 So.3d 596 (Mem) (Fla. 4th DCA June 8, 2016).

Citizens Awareness Foundation, Inc. v. Wantman Group, Inc.

Trial court properly denied request for attorney’s per Florida’s Public Records Act for belated response because the initial request was made by email that did not specify an individual or company making the request and did not give any other method of contacting sender other than replying to the email which could have exposed defendant to computer virus.  Citizens Awareness Foundation, Inc. v. Wantman Group, Inc., 195 So.3d 396 (Fla. 4th DCA May 25, 2016).

Jean-Pierre v. Glaberman

Trial court abused its discretion in awarding attorney’s fees per section 57.105(1), Florida Statutes because there were no findings of fact to support the trial court’s “finding the Civil RICO claim was frivolous.”  Jean-Pierre v. Glaberman, 192 So.3d 613 (Fla. 4th DCA May 25, 2016).