JOSHUA E. YAWN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (18 total)

• Boca Burger, Inc. v. Forum, 912 So. 2d 561 (Fla. 2005)
  …CANTERO, J. We review Forum v. Boca Burger, Inc., 788 So. 2d 1055 (Fla. 4th DCA 2001), which expressly and directly conflicts with Volpicella v. Volpicella, 136 So. 2d 231, 232 (Fla. 2d DCA 1962). The conflict concerns whether a trial court has discretion to deny a plaintiff leave to amend the complaint once befor…

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• Wendy's OF N.E. Fla., Inc. v. Vandergriff, 865 So. 2d 520 (Fla. 1st DCA 2003)
  …absence of a justiciable issue of fact or law, but instead allows recovery of fees for any claims or defenses that are unsupported. Bridgestone, 828 So. 2d at 418; Read v. Taylor, 832 So. 2d 219, 221 (Fla. 4th DCA 2002); Forum v. Boca Burger, Inc., 788 So. 2d 1055, 1061 (Fla. 4th DCA 2001), review granted, 817 So. 2d 844 (Fla.2002). However, this Court cautioned that section 57.105 must be applied carefully to ensure that it serves the purpose for which it was intended, which was to deter frivolous pleadings.…
• Mullins v. Kennelly, 847 So. 2d 1151 (Fla. 5th DCA 2003)
  …that the entire action be frivolous. That standard differs materially from the former version of 57.105, which limited fee awards to situations in which there was a complete absence of a justiciable issue of fact or law.2 Forum v. Boca Burger, Inc., 788 So. 2d 1055, 1060 (Fla. 4th DCA 2001), review granted, 817 So. 2d 844 (Fla.2002). Mullins and Miller argue that because the incident occurred, and the suit was filed, prior to October 1, 1999, the revised section 57.105 cannot be applied to this case. In some…

Authorities Cited

• Sidell v. State, 787 So. 2d 139 (Fla. 2d DCA 2001)