Amaya Lighting & Plastering, LLC v. Isla

Third DCA

Amaya Lighting & Plastering, LLC v. Isla
3d DCA
4/5/23, Per Curiam (Miller, Gordo, and Lobree)
Topics: Sanctions

This citation PCA reminds us that trial courts don’t have unlimited discretion to impose sanctions under section 57.105. Where there is any arguable basis in law and fact for a party’s claim, the court cannot sanction the party for asserting it. Losing a case on the merits, without more, is not a basis for a 57.105 fee. https://supremecourt.flcourts.gov/content/download/865279/opinion/221933_DC05_04052023_ 095942_i.pdf

Terry P. Roberts
Terry@YourChampions.com
Director of Appellate Practice Fischer Redavid PLLC
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