FAMILY LAW: PETITION TO DETERMINE PATERNITY: SPERM DONOR: CIVIL PROCEDURE: SANCTIONS: ATTORNEY’S FEES: SECTION 57.105, FLORIDA STATUTES: ALTHOUGH SPERM DONOR’S AMENDED PETITION TO DETERMINE PATERNITY WAS DENIED WITH PREJUDICE, TRIAL COURT ERRED BY GRANTING ATTORNEY’S FEES AGAINST HIM UNDER SECTION 57.105, FLORIDA STATUTES, BECAUSE SPERM DONOR WAS ATTEMPTING TO ADVANCE A NOVEL QUESTION OF LAW

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B.W.P. v. A.L.H., ___ So. 3d ___, 40 Fla. L. Weekly D267 (Fla. 2d DCA January 23, 2015)

The appellate court affirmed an order dismissing with prejudice a sperm donor’s amended petition to determine paternity, but the court reversed an order awarding attorney’s fees against the donor as a sanction under Section 57.105, Florida Statutes, because the donor “attempted to … Click To Read Full Case Law Review...

ADMIRALTY: CIVIL PROCEDURE: SANCTIONS: FRAUD ON THE COURT: DISMISSAL: PROPOSAL FOR SETTLEMENT: ATTORNEY’S FEES MAY NOT BE AWARDED UNDER SECTION 768.79, FLORIDA STATUTES, IN AN ADMIRALTY CASE

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Schmieder v. NCL America, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D2559 (Fla. 3d DCA December 10, 2014)

The trial court, in an admiralty case, dismissed the plaintiff’s negligence claim for fraud on the court and awarded attorney’s fees and costs to the defendant based upon its proposal for settlement. The appellate court affirmed the dismissal but reversed … Click To Read Full Case Law Review...

CIVIL PROCEDURE: DISCOVERY: SANCTIONS: ORDER STRIKING THE DEFENDANT’S PLEADINGS AT HEARING ON PLAINTIFF’S MOTION TO COMPEL REVERSED BECAUSE OF (1) LACK OF NOTICE SANCTIONS WOULD BE CONSIDERED, (2) ABSENCE OF EXPRESS, WRITTEN FINDINGS ESTABLISHING WILLFUL OR DELIBERATE MISCONDUCT, FAILURE TO CONSIDER KOZEL v. OSTENDORF FACTORS, AND FAILURE TO CONDUCT AN EVIDENTIARY HEARING, (3) LACK OF RECORD EVIDENCE OF PREJUDICE, AND (4) LACK OF SUFFICIENT MISCONDUCT TO SUPPORT SEVEREST OF SANCTIONS

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Celebrity Cruises, Inc. v. Fernandes, ___ So. 3d ___, 39 Fla. L. Weekly D2313 (Fla. 3d DCA November 5, 2014)

The plaintiff, a seaman, was injured during a fight with another crewmember on a cruise ship.  The trial court ordered the plaintiff, who resided in India, to submit to deposition before his fellow crewmembers were deposed.  The plaintiff sought relief … Click To Read Full Case Law Review...

ARBITRATION: APPEALS: SANCTIONS: ATTORNEY’S FEES: SECTION 57.105, FLORIDA STATUTES: APPELLATE COURT DECIDES THAT SANCTIONS SHOULD BE IMPOSED AGAINST THE APPELLANT AND HIS LAWYER BECAUSE THEIR APPEAL PRESENTED NO JUSTICIABLE QUESTION AND WAS ON ITS FACE DEVOID OF MERIT

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Nordt v. Nordt, ___ So. 3d ___, 39 Fla. L. Weekly D2184 (Fla. 3d DCA October 15, 2014)

The appellate court affirmed a non-final order compelling arbitration and “conclude[d] that sanctions should be imposed on [the appellant] and his counsel pursuant to section 57.105(1) [Florida Statutes] because his appeal of the order presented no justiciable question and was on its … Click To Read Full Case Law Review...

CIVIL PROCEDURE: SANCTIONS: ATTORNEY’S FEES: TRIAL COURT DID NOT ABUSE ITS DISCRETION BY DENYING ATTORNEY’S FEES UNDER SECTION 57.105, FLORIDA STATUTES, BECAUSE PLAINTIFF’S THEORY FOR AVOIDING STATUTE OF LIMITS WAS FEEBLE BUT NOT ENTIRELY DEVOID OF MERIT: TRIAL COURT HAD NO DISCRETION WHATSOEVER TO DENY COSTS TO PREVAILING PARTY UNDER SECTION 57.041, FLORIDA STATUTES

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Frischer v. Quintana, ___ So. 3d ___, 39 Fla. L. Weekly D2054 (Fla. 3d DCA September 24, 2014)

The plaintiffs filed their lawsuit fifteen years after the statute of limitations ran.  Nevertheless, the trial court did not abuse its discretion by refusing to assess attorney’s fees against the plaintiffs as a sanction under Section 57.105, Florida Statutes, because the plaintiffs’ … Click To Read Full Case Law Review...