Legal Opinion

Heldt-Pope v. Thibault

District Court of Appeal of Florida

Decided November 13, 2015No. 2D15-161PublishedCited by 3 opinions

1Opinion of the Court

LaROSE, Judge.

Cheryl M., Heldt-Pope appeals a final order awarding Thomas Thibault attorney’s fees and costs under section 57.105(1), Florida Statutes (2011). The statute operates to sanction the presentation of unsupported claims or defenses. The trial court awarded sanctions because Ms. Heldt-Pope asserted a constructive trust, counterclaim that could not satisfy the statute of frauds. See § 725.01, Fla. Stat. (2011) (requiring, in pertinent part, that a contract relating to land, or an interest therein, must be in writing, signed, and lawfully authorized). We have jurisdiction. See Fla. R.…

2Cases cited3 opinions

  1. Applegate v. Barnett Bank of TallahasseeSupreme Court of Florida · 1979
  2. Pino v. Bank of New YorkSupreme Court of Florida · 2013
  3. Siegel v. RoweDistrict Court of Appeal of Florida · 2011

3Cited by3 opinions

  1. Lana v. Assimakopoulos-PanuthosDistrict Court of Appeal of Florida · 2017
  2. MARK W. RICKARD, P.A., d/b/a LAW GUARD v. NATURE'S SLEEP FACTORY DIRECT, LLC.District Court of Appeal of Florida · 2018
  3. Lana v. Assimakopoulous-PanuthosDistrict Court of Appeal of Florida · 2017

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