Matte v. Caplan

Believing that the complaint filed against him was improper, the appellant sought attorney’s fees pursuant to section 57.105, Florida Statutes (2013). In accordance with the procedure set forth in section 57.105(4), appellant served a motion to dismiss on appellee/plaintiffs counsel twenty-one days prior to filing his motion to dismiss the complaint and motion for attorney’s fees. Appellee did not dismiss the complaint until after that time. Nevertheless, at the hearing on the attorney’s fees motion, appellee objected to the section 57.105 sanction, because appellant had failed to serve the…