Legal Opinion

Peyton v. Horner

District Court of Appeal of Florida

Decided February 10, 2006No. 2D04-5710PublishedCited by 5 opinions

1Opinion of the Court

920 So.2d 180 (2006)

Donald R. PEYTON, Appellant,

v.

Clyde HORNER and Nicolette Horner, Appellees.

No. 2D04-5710.

District Court of Appeal of Florida, Second District.

February 10, 2006.

Donald R. Peyton, pro se.

John K. Renke, II, New Port Richey, for Appellees.

NORTHCUTT, Judge.

Attorney Donald Peyton challenges the award of attorney's fees against him pursuant to section 57.105, Florida Statutes. We reverse because Peyton did not know, nor should he have known, that the claim he raised on behalf of his client was not supported by the material facts necessary to establish the claim.[1]

Peyton…

2Cases cited5 opinions

  1. Read v. TaylorDistrict Court of Appeal of Florida · 2002
  2. Lawyers Title Ins. Co., Inc. v. Novastar Mortg., Inc.District Court of Appeal of Florida · 2003
  3. Gahn v. Holiday Property Bond, Ltd.District Court of Appeal of Florida · 2002
  4. Rose v. TeitlerDistrict Court of Appeal of Florida · 1999
  5. Connelly v. Old Bridge Village Co-Op, Inc.District Court of Appeal of Florida · 2005

3Cited by5 opinions

  1. Siegel v. RoweDistrict Court of Appeal of Florida · 2011
  2. MINTO PBLH, LLC v. 1000 FRIENDS OF FLORIDA, INC.District Court of Appeal of Florida · 2017
  3. MacAlister v. Beavis Construction, Inc.District Court of Appeal of Florida · 2015
  4. FELIX SOTO v. CARROLLWOOD VILLAGE PHASE I I IDistrict Court of Appeal of Florida · 2021
  5. Murphy v. MurphyDistrict Court of Appeal of Florida · 2006

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