AMY BADGLEY A/K/A AMY-JO BADGLEY, INDIVIDUALLY, APPELLANTS,
v.
SUNTRUST MORTGAGE, INC., ET AL., APPELLEES
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.
Amy Badgley appeals from dismissal of her quiet title action and sanctions imposed under Florida Statute § 57.105(1). The appellate court affirmed the dismissal and sanctions, finding her claims frivolous and legally unsupportable, and imposed additional sanctions on appeal.
The court affirmed the dismissal of the quiet title complaint and the imposition of sanctions. The court held that dismissal prior to discovery does not violate due process, that Badgley's quiet title theory was legally unsupportable, and that the lenders properly obtained sanctions because Badgley and her attorney knew or should have known the claim was not supported by material facts or applicable law.
[1] Dismissing a complaint prior to discovery does not violate due process or access to courts when the trial court assumes all facts alleged in the complaint to be true in d…
[2] A complaint is subject to dismissal for failure to state a cause of action when an exhibit attached to the complaint facially negates the cause of action asserted.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“dismissing a complaint prior to discovery violates due process of law. The law is to the contrary.”
Rejects Badgley's primary argument that pretrial dismissal violates due process
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBadgley obtained a mortgage loan and received the funds. She subsequently demanded that her lenders prove the debt existed by producing 23 categories …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Frivolous Litigation cases and more on FLexlaw
Amy Badgley appeals from an order dismissing her quiet title action and imposing attorneys’ fees against her and her attorney, Kelley Boseeker, under section 57.105(1), Florida Statutes. Her arguments on appeal are just as frivolous as her quiet title claim. In her first issue, she baldly asserts that dismissing a complaint prior to discovery violates due process of law. The law is to the contrary. See, e.g., LatAm Investments, LLC v. Holland & Knight, LLP, 88 So.3d 240, 245 (Fla. 3d DCA 2011) (rejecting argument that dismissal for failure to state a claim prior to discovery denied plaintiff due process and access to courts because trial court must assume all facts alleged in the complaint to be true in determining motion to dismiss).
In her second and third issues, Badgley argues that the dismissal of her complaint with prejudice was error even though she had already amended the complaint once as a matter of right and her quiet title theory was legally unsupportable based on the alleged facts. She claimed her lenders created a cloud on her title by refusing to respond to her absurd demand of them to “prove” that she owed them money.1 Not only is there no legal basis to support such a claim, the attachments to the complaint clearly demonstrate, as Badgley later admitted, that she “took a mortgage and got the money.” See Fladell v. Palm Beach Cnty. Canvassing Bd., 772 So.2d 1240, 1242 (Fla.2000)
*561(“If an exhibit facially negates the cause of action asserted, the document attached as an exhibit controls and must be considered in determining a motion to dismiss.”); Appel v. Lexington Ins. Co., 29 So.3d 377, 379 (Fla. 5th DCA 2010) (“Where a document on which the pleader relies in the complaint directly conflicts with the allegations of the complaint, the variance is fatal and the complaint is subject to dismissal for failure to state a cause of action.”).
In her fourth issue, Badgley claims Ap-pellees’ fee motion below was untimely filed after the dismissal judgment even though Appellees’ motion for sanctions was timely filed before the judgment awarding fees. See, e.g., Frosti v. Creel, 979 So.2d 912, 916 (Fla.2008) (holding that rule 1.525 does not create a thirty-day window, but rather an outside limit, thus fee motion filed pre-judgment was timely).
Finally, Badgley disputes the sanction award even though similar complaints by plaintiffs represented by her attorney have been dismissed and have been the basis for sanctions. See Fitzgerald v. Regions Bank, No. 5:13-CV-36-OC-10PRL, 2014 WL 129066 (M.D.Fla. Jan. 14, 2014); Calderon v. Merck & S. Bank, No. 5:13-CV-85-OC-22PRL, 2013 WL 5798565 (M.D.Fla. Oct. 28, 2013); Huff v. Regions Bank, No. 5:13-CV-63-OC-22, 2013 WL 5651807 (M.D.Fla. Oct. 15, 2013); Barrios v. Regions Bank, No. 5:13-CV-29-OC-22PRL, 2013 WL 5230653 (M.D.Fla. Sept. 16, 2013); Gonzalez v. GMAC Mortg., No. 5:13-CV-72-OC-22PRL, 2013 WL 4767872 (M.D.Fla. Aug. 23, 2013); Lehrer v. Regions Bank, No. 5:13-CV-30-OC-PRL, 2013 WL 2371192 (M.D.Fla. May 30, 2013). The trial court properly awarded section 57.105(1) fees based on its findings that Badgley and her attorney knew or should have known that Badgley’s claim was “not supported by the material facts necessary to establish the claim or defense” and “[wjould not be supported by the application of then-existing law to those material facts.”
Accordingly, we affirm the order on appeal and sua sponte order Badgley and her attorney to pay, in equal amounts, the reasonable attorneys’ fees and costs incurred by Appellees in this appeal, pursuant to section 57.105(1), Florida Statutes. We remand the matter to the trial court to determine the amount of fees.
AFFIRMED; REMANDED.
TORPY, C.J., and SAWAYA, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Unrue v. Wells Fargo Bank, N.A., 161 So. 3d 536 (Fla. 5th DCA 2014)
-
Pronman v. Styles, 163 So. 3d 535 (Fla. 4th DCA 2015)
-
Schwades v. America's Wholesale Lender, 146 So. 3d 150 (Fla. 5th DCA 2014)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Frosti v. Creel, 979 So. 2d 912 (Fla. 2008)
- Fladell v. Palm Beach Cnty. Canvassing Bd., 772 So. 2d 1240 (Fla. 2000)
- Latam Invs., LLC v. Holland & Knight, LLP, 88 So. 3d 240 (Fla. 3d DCA 2011)
- Appel v. Lexington Ins. Co., 29 So. 3d 377 (Fla. 5th DCA 2010)