REESE v. MATHIS (2022)

District Court of Appeal of Florida, Third District.

Bethany REESE, et al., Appellants, v. Tammy MATHIS, Appellee.

No. 3D21-0764

Decided: June 29, 2022

Before FERNANDEZ, C.J., and LINDSEY, and BOKOR, JJ.

Bowman and Brooke, LLP, and Stephanie M. Simm, and Shawn Y. Libman, for appellants. Alexander Appellate Law P.A., and Samuel Alexander (DeLand), for appellee.

“An award of fees under section 57.105 requires a determination by the court that ‘the party or its counsel knew or should have known that the claim or defense asserted was not supported by the facts or an application of existing law.’ ” Lanson v. Reid, 314 So. 3d 385, 386-87 (Fla. 3d DCA 2020) (footnote omitted) (quoting Blue Infiniti, LLC v. Wilson, 170 So. 3d 136, 140 (Fla. 4th DCA 2015)). “[T]he award of attorney's fees is a matter committed to sound judicial discretion which will not be disturbed on appeal, absent a showing of clear abuse of discretion.” Id. at 386 (alteration in original) (quoting DiStefano Constr., Inc. v. Fid. & Deposit Co., 597 So. 2d 248, 250 (Fla. 1992)). Finding no abuse of discretion, we affirm.

Affirmed.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network