WILLIAM LEHMAN LEASING CORPORATION, APPELLANT,
v.
EMMANUEL JOSEPH, APPELLEE

Fla. 3d DCA | 2000-05-17
No. 3D00-326
Before JORGENSON, LEVY; and FLETCHER, JJ.
757 So. 2d 614 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

William Lehman Leasing Corporation appeals the denial of attorney's fees after Emmanuel Joseph voluntarily dismissed his negligence lawsuit against Lehman. The court reversed, finding the lawsuit frivolous because Joseph had been on notice nearly four years prior that Lehman was exempt from liability under Florida's owner-lessor statute.


Holding

The trial court abused its discretion in denying attorney's fees. Because Joseph was given clear notice of Lehman's statutory exemption from liability under § 324.021 almost four years before filing suit, the action was frivolous at inception and Lehman is entitled to attorney's fees under § 57.105.


Headnotes

[1] A lawsuit is frivolous at its inception, entitling a party to attorney's fees under § 57.105, Florida Statutes, when the opposing party was given notice of an exemption f…

[2] A party is entitled to attorney's fees under § 57.105, Florida Statutes, when the opposing party files a lawsuit without a good faith belief that the defendant was liable…

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Key Quotes

“Because Joseph was given notice of Lehman's exemption from liability almost four years prior to the filing of this lawsuit, this action is frivolous at the inception, and Lehman is entitled to attorney's fees.”

Establishes the court's holding that the lawsuit was frivolous based on prior notice of the statutory exemption from liability.

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Facts & Procedural History

On August 18, 1995, Joseph was injured in an automobile accident involving a vehicle leased by Lehman to AAA Wheelchair Wagon Service. On November 8, …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

William Lehman Leasing Corporation (“Lehman”) appeals an order denying attorney’s fees pursuant to § 57.105, Floridá Statutes (1999). For the following reasons, we reverse.

On August 18, 1995, Emmanuel Joseph (“Joseph”) was involved in an automobile accident with a vehicle leased by Lehman to AAA Wheelchair Wagon Service. At the time of the accident, the leased vehicle was under the authority and control of AAA Wheelchair Wagon Service.

On November 8, 1995, Joseph served a demand letter on Lehman claiming injuries as a result of the accident. Lehman responded that it was not the owner of the vehicle under § 324.021(9)(b), Florida Statutes .(1999), and included a copy of the lease agreement and certificate of liability insurance. In the response, Lehman advised Joseph that it would seek attorney’s fees in the event Joseph joined Lehman in any further litigation involving the accident. ’ Almost four years later, on August 13, 1999, Joseph instituted litigation against Lehman. Lehman then filed a motion for summary judgment and a motion for entitlement to attorney’s fees pursuant to § 57.105, Florida Statutes.

On October 19, 1999, Joseph filed a notice of voluntary dismissal with prejudice.

On December 27, 1999, the trial court denied Lehman’s motion for entitlement to attorney’s fees.

The trial court abused its discretion in denying Lehman’s motion for attorney fees. Because Joseph was given notice of Lehman’s exemption from liability almost four years prior to the filing of this lawsuit, this action is frivolous at the inception, and Lehman is entitled to attorney’s fees. See Davis v. Christmas, 705 So. 2d 38 (Fla. 3d DCA 1997) (attorney’s fees warranted where lawsuit deemed to be frivolous because there was no possible legal or factual basis for negligence). Lehman provided Joseph with the lease agreement and a certificate of insurance and claimed exemption from liability under § 324.021.

Therefore, Joseph was under notice that Lehman was in strict compliance with § 324.021. Joseph argues that § 324.021 requires that the liability insurance remain in effect through' the lease period, and since Lehman did not provide actual verification of insurance, it was still liable as an owner.

However, the logical sequence of events would be for Joseph to file an action against the lessee and then propound interrogatories to discover insurance coverage. Joseph did not have a good faith belief that Lehman was financially liable for damages caused by the leased vehicle. See Galbraith v. Inglese, 402 So. 2d 574 (Fla. 4th DCA 1981) (filing of lawsuit without good faith belief that defendant was liable warranted attorney’s fee award pursuant to § 57.105, Fla. Stat.)

For the above reasons, we reverse the order denying attorney fees. We remand with directions to the trial court to award Lehman fees under § 57.105 and to conduct an evidentiary hearing to determine the amount of fees to be assessed.

Reversed and remanded with directions.


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Citator

Cited By

  • O'Hara Gallery, Inc. v. Nader, 892 So. 2d 512 (Fla. 3d DCA 2004)
    …ly clear from the record before us that the trial court abused its discretion in denying plaintiffs motion for attorney’s fees because it was apparent from the outset that defendant had no viable defense. Id.; William Lehman Leasing Corp. v. Joseph, 757 So. 2d 614 (Fla. 3d DCA 2000). At oral argument in this appeal, it was made clear that both the defendant and his attorney were to blame for the improper delay and excess legal fees and costs suffered by the plaintiff; thus, each is responsible for half of t…

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