MILTON G. FRIEDMAN, APPELLANT,
v.
PAUL L. BACKMAN, BARRY F. FRANKLIN, AND K.G.L. CONTRACTING SERVICES, INC., APPELLEES
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A lawyer is entitled to attorney's fees under Section 57.105 for their own time and effort in defending a frivolous suit, as well as for services rendered by hired counsel.
Plaintiff sued attorneys in replevin for files based on a factoring agreement. After preliminary issues, the plaintiff voluntarily dismissed the suit.…
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DOWNEY, Judge.
Appellant Milton G. Friedman sued appellees in replevin to gain possession of certain files held by Blackman and Franklin. Friedman claimed right of possession based upon an accounts receivable factoring agreement with appellee K.G.L. Contracting Services, Inc. Friedman contended that Blackman and Franklin had possession of the files as attorneys for K.G.L.
After some preliminary skirmishing, wherein it appeared the files were not in the possession of 'Blackman and Franklin, appellant filed a voluntary dismissal.
Franklin’s motion for allowance of attorney’s fees pursuant to Section 57.-105, Florida Statutes (1981), was granted and the court awarded Franklin $2500. in fees for services performed by counsel Franklin hired and for legal services performed by Franklin himself. We have no difficulty in holding that, in a frivolous suit against a lawyer, he is entitled to attorney’s fees for his time and effort under Section 57.105, just as he is for services rendered by counsel he employs to represent him. This seems to be the weight of authority in this country, see Quick & Reilly, Inc. v. Perlin, 411 So. 2d 978 (Fla. 3d DCA 1982), and it seems logical because, as the saying goes, “a lawyer’s time and advice are his stock in trade.” There is sufficient evidence in the record to support the attorney’s fee awarded.
This appellate review is somewhat hampered by an inadequate record. As to some aspects of the proceedings, the court could not remember sufficiently to reconstruct the record. However, even with the record in that state, it appears there is adequate support in the pleadings and affidavits to affirm the judgment appealed from both as to the frivolous nature of the suit and the amount of attorney’s fees awarded.
Accordingly, the judgment appealed from is affirmed.
GLICKSTEIN and DELL, JJ., concur.
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Albritton v. Ferrera, 913 So. 2d 5 (Fla. 1st DCA 2005)…n by denying fees to Langford. “[I]n a frivolous suit against a lawyer, he is entitled to attorney’s fees for his time and effort under section 57.105, just as he is for services rendered by counsel he employs to represent him.” Friedman v. Backman, 453 So. 2d 938 (Fla. 4th DCA 1984) (noting that awarding fees for self-representation is “logical because, as the saying goes ‘a lawyer’s time and advice are his stock in trade’”); see also Quick & Reilly, Inc. v. Perlin, 411 So. 2d 978 (Fla. 3d DCA 1982) (holding…
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Transflorida Bank v. Miller, 576 So. 2d 752 (Fla. 4th DCA 1991)…nded in his capacity as a client. Care must also be taken to avoid duplication of compensation between appellee and his counsel. See Maulden v. Corbin, 537 So. 2d 1085 (Fla. 1st DCA), rev. denied, 548 So. 2d 662 (1989). See also Friedman v. Backman, 453 So. 2d 938 (Fla. 4th DCA 1984). Therefore, the judgment of dismissal is affirmed, the judgment as to attorney’s fees is reversed, and the cause is remanded for further proceedings. DELL and WARNER, JJ., concur.…
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McCLUNG v. Posey, 514 So. 2d 1139 (Fla. 5th DCA 1987)…which allow for the award. See generally Annotation, Right of Party Who is Attorney and Ap [*1140] pears For Himself To Award Of Attorney’s Fees Against Opposing Party As Element of Costs, 78 A.L.R.3d 1119 (1977). Similarly, in Friedman v. Backman, 453 So. 2d 938 (Fla. 4th DCA 1984), the plaintiff/attorney filed a motion for attorney’s fees pursuant to section 57.105, Florida Statutes (1981). The court, following Quick & Reilly, held that under that provision, an attorney is entitled to fees for the time he…
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- Quick & Reilly, Inc. v. Morton J. Perlin and Charlotte W. Perlin, 411 So. 2d 978 (Fla. 3d DCA 1982)