SANS SOUCI GATED HOMEOWNERS ASSOCIATION INC v. LUKOV (2021)

Appellant challenges a final order denying entitlement to sanctions pursuant to section 57.105(1), Florida Statutes. Finding no abuse of discretion in the determination the lawsuit filed below was “supported by the material facts necessary to establish the claim” and “by the application of then-existing law,” we write only to address the sufficiency of the order on appeal. § 57.105(1)(a)-(b), Fla. Stat. Although the law requires a trial court to render findings of frivolity as a prerequisite to awarding fees under the relevant statute, findings to the contrary are not necessary in denying such fees. See § 57.105(1), Fla. Stat.; MC Liberty Express, Inc. v. All Points Servs., Inc., 252 So. 3d 397, 403 (Fla. 3d DCA 2018); Kurgan v. Morton D. Weiner/AMPAC, Inc., 49 So. 3d 342, 343 (Fla. 3d DCA 2010); Shortes v. Hill, 860 So. 2d 1, 2 (Fla. 5th DCA 2003); Mason v. Highlands Cnty. Bd. of Cnty. Comm'rs, 817 So. 2d 922, 923 (Fla. 2d DCA 2002). Accordingly, we discern no error and affirm.

Affirmed.

MILLER, J.