Legal Opinion

Murphy v. Murphy

District Court of Appeal of Florida

Decided December 8, 2006No. 2D06-194Published

1Opinion of the Court

KELLY, Judge.

Thomas and Marian Murphy appeal the final order awarding Jacqueline Murphy attorney’s fees pursuant to section 57.105, Florida Statutes (2005). Section 57.105(1) provides for an award of attorney’s fees to the prevailing party in an action if the court finds that the losing party or the *488losing party’s attorney knew or should have known that a claim when initially presented “[w]as not supported by the material facts necessary to establish the claim” or “[w]ould not be supported by the application of then-existing law to those material facts.” Although “[t]he post-1999 version of…

2Cases cited2 opinions

  1. Connelly v. Old Bridge Village Co-Op, Inc.District Court of Appeal of Florida · 2005
  2. Peyton v. HornerDistrict Court of Appeal of Florida · 2006

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