EASTERN INDUSTRIES, INC., ("EASTERN INDUSTRIES"), APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, AND MARY E. HERRON, APPELLEES
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The court affirmed the unemployment benefits award and granted the claimant's motion for appellate attorney's fees under section 57.105 because the appellant's appeal lacked legal merit.
Appellate attorney's fees are awarded under section 57.105 when the appellant knew or should have known its claim on appeal lacked legal merit.
[1] Section 57.105, Florida Statutes, authorizes appellate attorney's fees when the losing party knew or should have known that its claim on appeal lacked legal merit, either…
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Join FLexlaw to unlock all legal intelligenceEastern Industries appealed an unemployment benefits award to Mary E. Herron. The claimant moved for attorney's fees under section 57.105.…
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PER CURIAM.
We affirm the award of unemployment benefits without comment, but write to explain our award of fees to Claimant as authorized by section 57.105, Florida Statutes (2006). Claimant moved for such fees in a timely manner, as contemplated in Florida Rule of Appellate Procedure 9.400. We grant that motion.
Section 57.105 authorizes a trial court to award fees and costs when
the losing party or the losing party’s attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial: (a) Was not supported by the material facts necessary to establish the claim or defense; or (b) Would not be supported by the application of then-existing law to those material facts.
§ 57.105(1), Fla. Stat. Such a finding is tantamount to a conclusion that the claim was frivolous when filed, or later became frivolous. See Wendy’s of N.E. Fla., Inc. v. Vandergriff, 865 So. 2d 520 (Fla. 1st DCA 2003). Section 57.105 can also be the basis for aii award of appellate attorney’s fees, in accordance with section 59.46, Florida Statutes (2006). See Bridgestone/Firestone, Inc. v. Herron, 828 So. 2d 414, 417-18 (Fla. 1st DCA 2002). An award of appellate fees under section 57.105 is appropriate here because Appellant knew or should have known that its claim on appeal lacked legal merit, in that the wording of the referee’s recommendation so clearly set forth the standards she used, and these standards were correct. Therefore, we GRANT Claimant’s motion for attorney’s fees.
BROWNING, C.J., POLSTON and HAWKES, JJ., concur.
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Waddington v. Baptist Med. Ctr. OF the Beaches, Inc., 78 So. 3d 114 (Fla. 1st DCA 2012)…rum, 912 So. 2d 561, 570 (Fla.2005); Martin County Conserv. Alliance v. Martin County, 73 So. 3d 856, 864 (Fla. 1st DCA 2011); Sullivan v. Sullivan, 54 So. 3d 520, 522 (Fla. 4th DCA 2010); Eastern Indus., Inc. v. Florida Unemployment Appeals Comm’n, 960 So. 2d 900, 901 (Fla. 1st DCA 2007); Airtran Airways, Inc. v. Avaero Noise Reduction Joint Venture, 858 So. 2d 1232, 1233-34 (Fla. 5th DCA 2003); Visoly v. Sec. Pac. Credit Corp., 768 So. 2d 482, 490 (Fla. 3d DCA 2000). A finding under section 57.105(1)(a) or…
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Martin Cnty. Conservation Alliance & 1000 Friends of Fla., Inc. v. Martin Cnty., 73 So. 3d 856 (Fla. 1st DCA 2011)…upported by the application of then-existing law to those material facts. § 57.105(1), Fla. Stat. (emphasis added); Gopman v. Dep’t of Educ., 974 So. 2d 1208, 1210 n. 2 (Fla. 1st DCA 2008) (citing E. Indus. Inc. v. Fla. Unemployment Appeals Comm’n, 960 So. 2d 900, 901 (Fla. 1st DCA 2007)). Section 57.105 applies to all who file appeals in Florida’s courts, including parties who have prevailed in the lower tribunal, if their legal position was without merit under the law or facts applicable to the case. The…
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Gopman v. Dep't OF Educ., 974 So. 2d 1208 (Fla. 1st DCA 2008)…by the application of then-existing law to those material facts. Id. The imposition of such fees means a claim was without legal merit when filed, or was later found to be without legal merit. See E. Indus. Inc. v. Fla. Unemployment Appeals Comm’n, 960 So. 2d 900, 901 (Fla. 1st DCA 2007). Claims or defenses subject to the imposition of section 57.105 fees are those that a party or his counsel knew or should have known, at the time of filing, were not grounded in fact, or were not warranted by existing law or…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wendy's OF N.E. Fla., Inc. v. Vandergriff, 865 So. 2d 520 (Fla. 1st DCA 2003)
- Bridgestone/Firestone, Inc. v. Herron, 828 So. 2d 414 (Fla. 1st DCA 2002)