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· 3/28/2001

Weatherby Associates, Inc. v. Ballack

Citations

  • 783 So. 2d 1138
  • 2001 WL 313735

How courts have described this case

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

  • holding that section 57.105 fees are recoverable from the point at which the suit becomes frivolous
  • allowing the recovery of fees and cost for failure to discharge a party when it becomes evident that there is no longer a justiciable claim or defense
  • “Attorney’s fees are awarded under section 57.105(1), Florida Statutes, where there is a total or absolute lack of justiciable issues of either law or fact, this tantamount to a finding that the action is frivolous or completely untenable.”
  • “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.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hazouri

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.