Woods v. Hialeah Hotel, Inc.

Under the circumstances present here, attorney’s fees should not have been assessed under subsection 57.105(1), Florida Statutes.

After this court’s decision in Hialeah Hotel, Inc. v. Talley, 790 So.2d 466 (Fla. 3d DCA 2001), mandamus denied, 816 So.2d 129 (Fla.2002), and review denied, 819 So.2d 140 (Fla.2002), the defendants-appellees filed a motion for entry of judgment in accordance with the defendants’ earlier motion for directed verdict. Included was an alternative motion to strike the pleadings of plaintiffs-appellants for perjury.

The trial court granted the first motion, ruling that…