Legal Opinion

Sexton v. Ferguson

District Court of Appeal of Florida

Decided November 16, 2011No. 4D10-2826PublishedCited by 1 opinion

1Opinion of the CourtTaylor, J.

The issue in this appeal is whether section 57.105(1), Florida Statutes, authorizes an attorney’s fee award solely against a party’s attorney when the case against the attorney’s client has been voluntarily dismissed as a result of settlement negotiations, and the claim for attorney’s fees against the client has been waived. We hold that the statute does not authorize the award of fees solely against the attorney under these circumstances.

Ralph Sexton and Ranch Management Consultants, Inc. appeal the final order of an administrative law judge that denied their motion for attorney’s fees…

2Cases cited5 opinions

  1. Avemco Ins. Co. v. TobinDistrict Court of Appeal of Florida · 1998
  2. Gopman v. DEPARTMENT OF EDUC.District Court of Appeal of Florida · 2008
  3. Korte v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2011
  4. Maradriaga v. 7-ELEVENDistrict Court of Appeal of Florida · 2010
  5. Skarka v. Lennar Homes, Inc.District Court of Appeal of Florida · 2010

3Cited by1 opinion

  1. HARVEY LEE DAVIS and ERIC MCCABE v. KENNETH I. BAILYNSONDistrict Court of Appeal of Florida · 2019

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