All entries for July 2016

Update on 57.105 Motions for Sanctions Based on Frivolous Claim

Two recent cases (both in the 11th Judicial Circuit) illustrate points of emphasis in Frivolous Claim (Florida Statutes 57.105) jurisprudence.  The first, SURF CONSULTANTS, INC., v. CINTRON, reveals that, so long as a colorable claim or good faith argument existed, the motion should not be granted.  The second, SUZANNE FERNANDEZ & ASSOCIATES, INC., v. STEPHEN E. TUNSTALL, LAW OFFICE, reminds us that the party seeking fees must comply strictly with notice requirements under the statute, or potentially even where good faith arguments were lacking, the offending party may not be liable for fees.  

If you are the victim of frivolous claims, consult with our talented litigation attorneys today and let us help you defend your rights. 

Failure to Timely Serve Defendants Can Lead to Dismissal

It can sometimes be challenging to find, much less serve defendants in a civil action.  Where some may consider a 120-day time period under the Rules of Civil Procedure sufficient within which to serve defendants, in many instances that proves to simply not be enough time. 

However, as a recent case illustrates, failure to ask for that additional time before the clock expires can have some unintended--and expensive--results.  As the County Court recently noted in Fia Card Servs. v. Brown, 2013 Fla. Cir. LEXIS 16617 (Fla. 13th Cir. Ct. Dec. 11, 2013), failure to serve a defendant or to request and obtain an extension within 120 days can (and does) result in dismissal of the lawsuit.  If the plaintiff suffering a dismissal was close to the limitation period, such a dismissal could result in the person losing their claim permanently.  

Talk to one of our litigation attorneys today to help ensure your rights are protected.