BARBARA ANN RITCHIE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
BARBARA ANN RITCHIE, PETITIONER,
STATE OF FLORIDA, RESPONDENT
97 So. 3d 326
Florida District Court of Appeal, First District (2012)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The petition alleging ineffective assistance of appellate counsel is denied on the merits.
PADOVANO, THOMAS, and CLARK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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MacALISTER v. Bevis Constr., Inc., 164 So. 3d 773 (Fla. 2d DCA 2015)…DCA 2002). Section 57.105 must be applied with restraint to ensure that it serves its intended purpose of discouraging baseless claims without casting “a chilling effect on use of the courts.” Swan Landing Dev., LLC v. First Tenn. Bank Nat’l Ass’n, 97 So. 3d 326, 328 (Fla. 2d DCA 2012) (internal quotation marks omitted). In an action for malicious prosecution the plaintiff must offer proof of six elements to establish a prima facie case: (1) an original judicial proceeding against the present plaintiff wa…
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Blinn v. Fla. Power & Light Co., 189 So. 3d 227 (Fla. 2d DCA 2016)…tion 57.105 must be applied with restraint to ensure that it serves its intended purpose of discouraging baseless claims without casting ‘a chilling effect on use of the courts.-’” Id. (quoting Swan Landing Dev., LLC v. First Tenn. Bank Nat’l Ass’n, 97 So. 3d 326, 328 (Fla. 2d DCA 2012)). The trial court’s finding that a party is entitled to fees under this section must be supported by substantial, [*230] competent evidence and is reviewed for an abuse of discretion. Id. The question for our review is wheth…