Legal Opinion
Austin & Laurato, P.A. v. State Farm Florida Insurance Co.
District Court of Appeal of Florida
Decided November 17, 2017No. Case 5D15-3616PublishedCited by 1 opinion
1Per curiam
In this sinkhole case, Austin & Laurato, P.A. (“Law Firm”) appeals the final judgment on entitlement to attorney’s fees that the trial court entered in favor of State Farm Florida Insurance Company (“State Farm”) as a sanction for filing a frivolous complaint under section 57.105(1), Florida Statutes (2012). The final judgment imposed attorney’s fees jointly and severally against Law Firm and its client, Armelle Cleophat.1 We reversé.
Orders awarding attorney’s fees as a sanction under section 57.105(1) for raising frivolous claims or defenses are reviewed for an abuse of discretion.…
2Cases cited16 opinions
- Canakaris v. CanakarisSupreme Court of Florida · 1980
- Boca Burger, Inc. v. ForumSupreme Court of Florida · 2005
- Starling v. Allstate Floridian Ins. Co.District Court of Appeal of Florida · 2007
- Weatherby Associates, Inc. v. BallackDistrict Court of Appeal of Florida · 2001
- State Farm Mutual Automobile Insurance Co. v. CurranDistrict Court of Appeal of Florida · 2011
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3Cited by1 opinion
- FELIX SOTO v. CARROLLWOOD VILLAGE PHASE I I IDistrict Court of Appeal of Florida · 2021