J. CHRISTOPHER CARVER
v.
TEMME BERKSTRESSER, BLAKE ARGENZIANO, AND JOHN DEMATTEO

Fla. 5th DCA | 2020-11-19
No. 19-2052
Florida District Court of Appeal, Fifth District (2020) Positive Treatment
Cited by 2 cases
Opinion of the Court

SASSO, J.

Appellant, J. Christopher Carver, appeals a final judgment ordering him to pay attorney’s fees and costs as a sanction under section 57.105, Florida Statutes. We affirm as to each issue except one. We agree with Appellant that, because the trial court granted sanctions only as to Temme Berkstresser, it erred in requiring Appellant to pay fees to Blake Argenziano. Although Argenziano sought fees under section 772.11, Florida Statutes, that section does not provide for recovery of attorney’s fees “from the opposing party’s law firm or its attorneys.” In re Gen. Plastics Corp., 170 B.R. 725, 736 (Bankr. S.D. Fla. 1994). Consequently, we reverse and remand with directions to enter an amended final judgment consistent with this opinion.

REVERSED and REMANDED with directions.

EVANDER, C.J., and COHEN, J., concur. 2

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