Paranzino v. Berger

SHAHOOD, Judge.

The issue presented in this appeal is whether the trial court erred in dismissing appellant’s case with prejudice and in awarding sanctions against her in the form of attorney’s fees and costs under section 766.206(2), Florida Statutes (1997), without first conducting an evidentiary hearing to determine the reasonableness of appellant’s presuit investigation. We hold that the trial court erred by failing to conduct an evidentiary hearing prior to its imposition of sanctions against appellant, and accordingly reverse and remand with directions to the trial court.

Section 766.206,…