Legal Opinion

Bank of America, N.A. v. Hamdija Turkanovic

District Court of Appeal of Florida

Decided December 1, 2016No. 1D16-3416PublishedCited by 4 opinions

1Per curiam

Petitioner, Bank of America, N.A. (BOA), seeks a writ of prohibition to prevent the trial court from compelling the deposition of its corporate representative in furtherance of. Respondent’s motion seeking an award of attorney’s fees as a sanction against BOA for filing this allegedly frivolous foreclosure case. ■ We agree with BOA that the trial court lacks jurisdiction to impose the sanction sought by Respondent because BOA voluntarily dismissed this case within the safe harbor period in section 57,105(4), Florida Statutes, and before Respondent filed his motion for sanctions. See Pino v.…

2Cases cited3 opinions

  1. Moakley v. SmallwoodSupreme Court of Florida · 2002
  2. Pino v. Bank of New YorkSupreme Court of Florida · 2013
  3. Pomeranz & Landsman Corp. v. Miami Marlins Baseball Club, L.P.District Court of Appeal of Florida · 2014

3Cited by4 opinions

  1. State of Florida, Agency For Health Care Adm. v. Planned Parenthood of Southwest etc.District Court of Appeal of Florida · 2017
  2. Department Of Financial Services v. Choice Plus, LlcDistrict Court of Appeal of Florida · 2019
  3. Department Of Financial Services v. Choice Plus, LlcDistrict Court of Appeal of Florida · 2019
  4. State of Florida, Department etc. v. Choice Plus, LLCDistrict Court of Appeal of Florida · 2019

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