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5 Florida opinions name it 1 courts 1988–2012 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lambert v. Nelsongreen2 sentences2012The court went on to quote a pre-1999 case for the proposition that the frivolousness of a claim or defense is to be determined “as of the time it is initially presented, and if it can pass muster at that point, subsequent developments which render the claim or the defense to be without justicia-ble issue in law or fact should not subject the losing party to attorney’s fees.” Id. (quoting Lambert v. Nelson, 573 So.2d 54, 56 (Fla. 1st DCA 1990)) (emphasis added). 2001"The frivolousness of a claim or a defense is to be judged and determined as of the time it is initially presented, and if it can pass muster at that point, subsequent developments which render the claim or the defense to be without justiciable issue in law or fact should not *1236 subject the losing party to attorney's fees." Schwartz v. W-K Partners, 530 So.2d 456, 457 (Fla. 5th DCA 1988); see also Lambert, 573 So.2d at 56 . | 2 | 2 |
Klein v. Layne, Inc. of Floridagreen2 sentences1995Klein v. Layne, Inc. of Fla., 453 So.2d 203, 205 (Fla. 4th DCA 1984); see also Mitchell v. Schindler Haughton Elevator Co., 587 So.2d 636 (Fla. 3d DCA 1991); Solimando v. Aloha Medical Ctr., 594 So.2d 850 (Fla. 2d DCA 1992). 1988See Klein v. Layne, Inc. of Florida, 453 So.2d 203 (Fla. 4th DCA 1984); Sepner v. Village of Royal Palm Beach, 444 So.2d 68 (Fla. 4th DCA 1984). | 2 | 2 |
Weatherby Associates, Inc. v. Ballackgreen1 sentence2012See Weatherby Assocs., Inc. v. Ballack, 783 So.2d 1138, 1142 (Fla. 4th DCA 2001) (“Although a claim may not have been frivolous when initially filed, failure to discharge a party when it becomes evident that there no longer is a justiciable claim or defense may subject a losing party to the penalties of section 57.105.”). | 1 | 1 |
O'BRIEN v. Brickell Townhouse, Inc.green1 sentence2001See also O'Brien v. Brickell Townhouse, Inc., 457 So.2d 1123 (Fla. 3d DCA 1984). *1142 Following the 1999 amendment to section 57.105(1), the frivolousness of a claim may be measured when the claim is "initially presented to the court or at any time before trial." See § 57.105(1), Fla. Stat. (1999). | 1 | 1 |
Schwartz v. WK PARTNERSgreen1 sentence2001"The frivolousness of a claim or a defense is to be judged and determined as of the time it is initially presented, and if it can pass muster at that point, subsequent developments which render the claim or the defense to be without justiciable issue in law or fact should not *1236 subject the losing party to attorney's fees." Schwartz v. W-K Partners, 530 So.2d 456, 457 (Fla. 5th DCA 1988); see also Lambert, 573 So.2d at 56 . | 1 | 1 |
Mitchell v. Schindler Haughton Elevator Co.green1 sentence1995Klein v. Layne, Inc. of Fla., 453 So.2d 203, 205 (Fla. 4th DCA 1984); see also Mitchell v. Schindler Haughton Elevator Co., 587 So.2d 636 (Fla. 3d DCA 1991); Solimando v. Aloha Medical Ctr., 594 So.2d 850 (Fla. 2d DCA 1992). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Murphy v. WISU Properties, Ltd.
green
2 sentences2012In Murphy , the court proclaimed: “The law is clear ... that the mere dismissal of a suit does not necessarily justify an attorney’s fee award if the suit can be considered to have been non-frivolous at its inception.” 2 Id. at 1094 . 2012The court went on to quote a pre-1999 case for the proposition that the frivolousness of a claim or defense is to be determined “as of the time it is initially presented, and if it can pass muster at that point, subsequent developments which render the claim or the defense to be without justicia-ble issue in law or fact should not subject the losing party to attorney’s fees.” Id. (quoting Lambert v. Nelson, 573 So.2d 54, 56 (Fla. 1st DCA 1990)) (emphasis added). | 1 | 2012–2012 |
Solimando v. Aloha Medical Center
green
1 sentence1995Klein v. Layne, Inc. of Fla., 453 So.2d 203, 205 (Fla. 4th DCA 1984); see also Mitchell v. Schindler Haughton Elevator Co., 587 So.2d 636 (Fla. 3d DCA 1991); Solimando v. Aloha Medical Ctr., 594 So.2d 850 (Fla. 2d DCA 1992). | 1 | 1995–1995 |
Sepner v. Village of Royal Palm Beach
neutral
1 sentence1988See Klein v. Layne, Inc. of Florida, 453 So.2d 203 (Fla. 4th DCA 1984); Sepner v. Village of Royal Palm Beach, 444 So.2d 68 (Fla. 4th DCA 1984). | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.