CARVER v. BERKSTRESSER (2020)

District Court of Appeal of Florida, Fifth District.

J. Christopher CARVER, Appellant, v. Temme BERKSTRESSER, Blake Argenziano, and John Dematteo, Appellees.

Case No. 5D19-2052

Decided: November 20, 2020

J. Christopher Carver, of Carver Law Group, Bushnell. Seth J. Donahue and John M. Mullin, of Tripp Scott, P.A., Ft. Lauderdale, for Appellees.

Appellant, J. Christopher Carver, appeals a final judgment ordering him to pay attorney's fees and costs as a sanction under section 57.105, Florida Statutes. We affirm as to each issue except one. We agree with Appellant that, because the trial court granted sanctions only as to Temme Berkstresser, it erred in requiring Appellant to pay fees to Blake Argenziano. Although Argenziano sought fees under section 772.11, Florida Statutes, that section does not provide for recovery of attorney's fees “from the opposing party's law firm or its attorneys.” In re Gen. Plastics Corp., 170 B.R. 725, 736 (Bankr. S.D. Fla. 1994). Consequently, we reverse and remand with directions to enter an amended final judgment consistent with this opinion.

REVERSED and REMANDED with directions.

SASSO, J.

EVANDER, C.J., and COHEN, J., concur.

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