Legal Opinion

Dudley v. Schmidt

District Court of Appeal of Florida

Decided August 10, 2007No. 5D06-3821PublishedCited by 3 opinions

1Opinion of the CourtThompson, J.

The appellant, John Dudley, challenges the trial court’s order denying his motion for relief from judgment or to set aside the court’s order denying him attorney’s fees pursuant to section 57.105, Florida Statutes (2005), based upon allegedly false statements made by the appellee, Ellen Schmidt, in her petition for injunction against repeat violence. We affirm.

There is no basis for the imposition of attorney’s fees in a proceeding for injunction against repeat violence under section 741.30, Florida Statutes (2005). Attorney’s fees cannot be awarded in a domestic violence injunction case. See…

2Cases cited5 opinions

  1. Bane v. BaneSupreme Court of Florida · 2000
  2. Belmont v. BelmontDistrict Court of Appeal of Florida · 2000
  3. Abraham v. AbrahamDistrict Court of Appeal of Florida · 1997
  4. Ratigan v. StoneDistrict Court of Appeal of Florida · 2007
  5. Cisneros v. CisnerosDistrict Court of Appeal of Florida · 2002

3Cited by3 opinions

  1. Hall v. LopezDistrict Court of Appeal of Florida · 2016
  2. LLOMPART v. CamejoDistrict Court of Appeal of Florida · 2011
  3. Nicole Lopez v. Sean HallSupreme Court of Florida · 2018

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