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Florida Statute 57.105 | Lawyer Caselaw & Research
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F.S. 57.105 Case Law from Google Scholar Google Search for Amendments to 57.105

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 57
COURT COSTS
View Entire Chapter
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.
(c) Under paragraph (1)(b) against a represented party.
(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

F.S. 57.105 on Casetext

Amendments to 57.105


Arrestable Offenses / Crimes under Fla. Stat. 57.105
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 57.105.

Annotations, Discussions, Cases:

Cases Citing Statute 57.105

Total Results: 20

FLORIDA HOMEOWNER EQUITY AND LOST PROPERTY, LLC v. FAIRCHILD and U. S. BANK, N. A.

Court: District Court of Appeal of Florida | Date Filed: 2024-12-13

Snippet: "on its own initiative" pursuant to section 57.105(1), Florida Statutes (2022), award Mr. Passer attorney's

Merfe Construction Corp. v. Mirtha Morales

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: of a motion for attorney’s fees under section 57.105 is reviewed for abuse of discretion.” Frischer

Investcom Construction, LLC v. Plaza Del Prado Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: of jurisdiction to award sanctions under section 57.105, Florida Statutes (2012), even after a voluntary

GIBSON, ESQ., LOFTUS, ESQ. v. U. S. BANK, N. A., FAIRCHILD

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: William Fairchild as sanctions pursuant to section 57.105(1), Florida Statutes (2022). 1 Mr. Gibson and Mr

Law Offices of Scott Alan Orth, P.A., Scott Alan Orth, and Eric Salvatore Giunta v. in Re: Estate of Mario Quintero

Court: District Court of Appeal of Florida | Date Filed: 2024-09-11

Snippet: lost will. The sanctions were pursuant to section 57.105(1), Florida Statutes, the inequitable conduct doctrine

FERNANDEZ v. KIVIMAKI

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: the appeal because an award of fees under section 57.105 would be a sanction that is not contemplated as

FERNANDEZ v. KIVIMAKI

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: the appeal because an award of fees under section 57.105 would be a sanction that is not contemplated as

FERNANDEZ v. KIVIMAKI

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: the appeal because an award of fees under section 57.105 would be a sanction that is not contemplated as

FERNANDEZ v. KIVIMAKI

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: the appeal because an award of fees under section 57.105 would be a sanction that is not contemplated as

The Wellness Center of London Square, Inc. v. DHL Express (USA), Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-07

Snippet: Express (USA), Inc. (“DHL”), pursuant to section 57.105(1) of the Florida Statutes (2022). We affirm in

Tina Izard v. Phiippe Bois

Court: District Court of Appeal of Florida | Date Filed: 2024-07-31

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2024-07-17

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2024-05-29

Snippet: to justify an award of fees pursuant to section 57.105.” (quotation omitted)); see also MC Liberty Express

South Wild Olive, LLC v. Total Maintenance Services, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-05-17

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2024-04-17

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2024-04-03

Snippet: Fleck, Jr., also an attorney, pursuant to section 57.105, Florida Statutes (2022). We reverse the order

STATE OF FLORIDA v. ANDREW SCOTT CROSE

Court: District Court of Appeal of Florida | Date Filed: 2024-01-26

Snippet: 1262-63 (construing 2003 amendments to section 57.105, Florida Statutes (2002), as clarifying the intent

Saad Remodeling & Custom Home Builders, Inc. and Saad Home, Inc. v. Reyes FC Services Corp.

Court: District Court of Appeal of Florida | Date Filed: 2023-12-20

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2023-12-13

Snippet: resolve" a pending sanctions motion under section 57.105(1), Florida Statutes (2009), where the motion was

PAUL FLAIG v. COQUINA PALMS HOMEOWNERS ASSOCIATION, INC. AND LARRY CINCO

Court: District Court of Appeal of Florida | Date Filed: 2023-12-01

Snippet: court independently justifying fees under section 57.105, Florida Statutes, for such frivolous actions.