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· 9/26/2001

Vasquez v. PROVINCIAL SOUTH INC.

Citations

  • 795 So. 2d 216
  • 2001 WL 1131335

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • requiring the complete absence of a justifiable issue of law or fact raised by the plaintiff in the action in order to assess attorney’s fees
  • reversing an award of attorney’s fees under section 57.105 where the trial court failed to make specific findings that the claim was frivolous and completely untenable
  • “The purpose of section 57.105 is to discourage baseless claims, stonewall defenses and sham appeals in civil litigation”
  • \[T]he legislature's 1999 amendment to section 57.105 expanded the availability of fees and costs.\
  • the purpose of section 57.105 is to discourage baseless claims, stonewall defenses and sham appeals in civil litigation by placing a price tag through attorney's fees awards on losing parties who engage in these activities
  • “Florida favors access to the courts and has interpreted section 57.105 to provide a remedy only where the plaintiffs complaint is completely untenable. An award of attorney’s fees is not appropriate as long as the complaint alleges some justiciable issue.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.