Korte v. U.S. Bank National Ass'n

Brian Korte and Brian K. Korte, P.L. (“Korte”), defense counsel in a mortgage foreclosure action, appeal the trial court’s decision to sanction them pursuant to sections 57.105(l)(a) and (3), Florida Statutes (2008), for filing affirmative defenses which the trial court found were not supported by the material facts and were filed primarily for the purpose of unreasonable delay. We affirm.

This case concerns the applicability of section 57.105, Florida Statutes (2008), to sanction counsel who interposed frivolous defenses to a mortgage foreclosure action for the primary purpose of unreasonable…