District Court of Appeal of Florida

An award of attorney's fees for plaintiffs pursuant to their motion for attorney's fees requesting sanctions under Florida Statutes section 57.105(1) is reversed where defendant timely withdrew his earlier request for attorney's fees as permitted by section 57.105(4), and thus plaintiffs were not permitted to file or present their motion for fees and the trial court erroneously considered it.

Appellate Information

• Decided 07/12/2006
• Published 07/12/2006

Judges

• HAZOURI, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Dawn M. McMahon and Roderick F. Coleman of Coleman & Associates, P.A., Boca Raton, for appellant.


• For Appellees:
  
• Donna M. Greenspan of Edwards Angell Palmer & Dodge, LLP, West Palm Beach, for appellees Renee Frengut, John Bellantoni, and Psychological Insights, Inc., a Florida corporation.