Call us Today at (954) 458-8655

Defenses to Frivolous Lawsuits in Florida

Defenses to Frivolous Lawsuits in Florida

Get insights to the key issues for defending against frivolous lawsuits in Florida, including sanctions under §57.105.

It’s not unheard of for people to file frivolous lawsuits in an attempt to intimidate or waste the resources of the party being sued. These lawsuits burden the court system by undermining the faith people have in the judicial process.

Spreading awareness that there are defenses to frivolous lawsuits is one way to prevent the abuse of the judicial system and reduce the cost to innocent parties.

In this article, we’ll break down:

Defining Frivolous Lawsuits

Frivolous lawsuits are those containing claims or causes of action that are without a factual or legal basis, often intended to harass or intimidate the opposing party.

In addition to common law affirmative defenses, as well as other defenses, Florida Statutes § 57.105 provides an effective tactical defense or deterrence to such claims by imposing financial consequences on those who pursue them, including on the parties and their attorneys.

Standard for Determining Frivolousness Under the Statute

While it’s important to punish those who bring frivolous claims, Florida courts understand that not all claims will be successful, and an unsuccessful claim isn’t always a frivolous one. There are strict criteria in the statutory law to help the courts identify frivolous claims, so that those with valid claims aren’t deterred from pursuing their claims in court.

For example, in Murphy v. WISU Properties, Ltd., 895 So.2d 1088, several condominium owners (collectively, WISU Properties) filed suit against their association and its Board of Directors, including William Murphy. The owners voluntarily dismissed the action at an early stage, but Murphy had already filed a counterclaim. The trial court sanctioned the owners under section 57.105 for filing a frivolous lawsuit.

The appellate court reversed, holding that nothing on the face of the initial complaint demonstrated that the claims were obviously baseless when filed. Because the case had not progressed beyond the pleading stage, there was no evidence that the plaintiffs “knew or should have known” that their claims lacked factual or legal support at the time they were first asserted.

This decision emphasized that frivolousness is judged at the time a claim or defense is first asserted. Later developments that weaken or eliminate a claim do not automatically create grounds for sanctions.

When Sanctions Are Not Warranted

Not every case loss results in sanctions. Courts are cautious about overusing sanctions, as doing so could discourage individuals from pursuing legitimate claims. Sanctions may be deemed inappropriate if any part of the lawsuit includes a valid claim. According to one case, “Merely losing, either on the pleadings or by summary judgment, is not enough to invoke the operation of the statute.” (See Schwartz v. W-K Partners.)

Procedural Requirements for Sanctions Under the Statute

If a party wishes to seek sanctions, they must serve the opposing party, who then has 21 days to respond under the “safe harbor” rule. This gives the opposing party time to modify or withdraw their frivolous claim.

Note: There is no such time limit if the sanctions are being imposed by the courts.

Recoverable Monetary Sanctions under Florida Statute 57.105

If the courts do decide to apply monetary sanctions, the person making the frivolous claim may be required to pay reasonable attorney’s fees, prejudgment interest, and damages resulting from the frivolous case.

Florida Statutes §57.105 generally requires fees to be awarded in equal amounts against the losing party and their attorney. However, if the attorney acted in good faith based on their client’s representations, the attorney may be excused from responsibility.

Limitations on Sanctions

If someone is making a claim in good faith or attempting to modify, reverse, or extend an existing law, and they have a reasonable chance of success, they can’t be sanctioned if they lose the case. Nor can someone be sanctioned for claims made solely by their attorney. For example, a party pursuing a novel interpretation of the law, even if unsuccessful, cannot be sanctioned as long as their argument has a reasonable basis.

Judicial Discretion in Awarding Fees

Whether a claim or defense is frivolous is left to the discretion of the trial court. The courts have the flexibility to evaluate frivolousness based on the full factual context.

In Hustad v. Architectural Studio, Inc., 958 So.2d 569 (Fla. 2d DCA 2007), the court held that judges must evaluate what the losing party knew or should have known both before and after initiating litigation. Even in cases dismissed early, litigants may still present evidence regarding sanctions. The mere dismissal of a lawsuit does not necessarily justify an attorney’s fee award if the lawsuit can be considered to have been non-frivolous at its inception.

More Examples of Court Ordered Sanctions

Florida courts have consistently applied sanctions under § 57.105 to deter frivolous litigation and to protect the integrity of the legal system. Through judicial holdings, the courts have clarified when and how sanctions should be imposed. The following case examples provide additional insights into the application of sanctions and the circumstances under which they are warranted.

Sanctions Apply Only After a Claim Became Frivolous

In Weatherby Associates, Inc. v. Ballack, 783 So.2d 1138 (2001), the court held that attorney’s fees should only be awarded from the moment the lawsuit becomes frivolous. If a claim begins as valid and later loses merit, sanctions are limited to the period after frivolousness arises.

Bad Faith Can Result in an Award of Attorney Fees

In Gibson v. Autonation, Inc., the court imposed attorney’s fees as sanctions due to the plaintiff and their counsel acting in bad faith by continuing to pursue baseless claims despite being informed by the court that the claims lacked a factual or legal basis.

What Should You Do if Faced With a Frivolous Lawsuit?

Frivolous lawsuits can be a costly and frustrating experience, but Florida Statutes § 57.105 is an effective way to defend against these lawsuits. By understanding this law and seeking legal advice, you can protect your rights and minimize the impact of this baseless litigation.

If you’re facing a frivolous lawsuit in Florida, a good piece of advice is to speak with an expert civil litigation attorney like Alan Sackrin. Alan is a Florida Bar Board Certified Civil Trial Specialist. Call our office at (954) 458-8655 to discuss your case or book a consultation now.

Please Note: The information above is for informational purposes only and should not be relied upon as legal advice as each case is unique and each case should be evaluated on its own merits. The above is not the only defense (others include the statute of limitations, unclean hands, or duress) that may be asserted against a frivolous lawsuit; however, it is a common tactical defense or deterrence to these lawsuits. Each case is different, and each case must be evaluated based on its own merits. Therefore, we strongly recommend talking with a licensed Florida lawyer to learn your rights for your particular facts and circumstances.