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attorney's fees in a Florida family law case

Vexatious litigation in Florida family law

Vexatious litigation in Florida family law

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What is vexatious litigation in a Florida family law case? “Vexatious” is defined by Black’s Law Dictionary as “lacking a reasonable or probable cause or excuse, and can include conduct that is harassing or annoying.” So when someone accuses a party to a divorce case, for example, of being vexatious, it means a party is accused of filing motions or taking other actions in the case for the purpose of harassment and/or delay. A party who is found by a court to be vexatious can be ordered to pay attorney’s fees to the other party. This was an issue in the case Burr v. Ospino, 3D23-1207 (Fla. 3d DCA October 2, 2024).

Florida family law: sanctions under Fla. Stat. 57.105

Florida family law: sanctions under Fla. Stat. 57.105

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What is a 57.105 motion in a Florida family law case? This is a motion which asks the court for sanctions against a party and/or the party’s attorney for raising unsupported claims in a proceeding. 57.105 refers to the Florida Statute section which authorizes this fee. That section of the statute requires that specific steps be taken before this motion can be filed. This was an issue in the case Fantauzzi v. Fleck, 2D23-1390 (Fla. 2d DCA April 3, 2024).