DEBORAH PHILLIPS, APPELLANT/CROSS-APPELLEE,
v.
ANGELO GARCIA, ET AL., APPELLEES/CROSS-APPELLANTS, ET AL.
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In this appeal of a section 57.105 sanctions dispute, the Third District Court of Appeal affirmed the trial court's denial of both Phillips's motion for attorney fees and Garcia/Pelier's cross-motion for fees. The court held that winning a summary judgment motion on immunity grounds does not automatically establish that an opponent's claim was frivolous or without factual support under section 57.105.
The court affirmed the denial of both section 57.105 motions, holding that prevailing on summary judgment based on qualified immunity does not establish that the opponent's claim lacked factual support or was frivolous under section 57.105. A defendant who successfully asserts an immunity defense proves only that they were entitled to avoid the claim, not that the claim itself was meritless.
[1] A trial court's order denying a motion for attorney fees under section 57.105, Florida Statutes, is reviewed for an abuse of discretion.
[2] Winning a motion for summary judgment does not automatically prove a claim for attorney fees under section 57.105, Florida Statutes.
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“The fact that the trial court determined, via summary judgment, that Phillips was entitled to qualified immunity, does not necessarily mean that Garcia's malicious prosecution claim lacked factual support — and was therefore sanctionable— under section 57.105.”
Establishes the core legal principle that prevailing on qualified immunity does not automatically render the underlying claim frivolous under section 57.105.
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Join FLexlaw to unlock all legal intelligenceGarcia sued Miami-Dade County for false arrest and malicious prosecution. Phillips, a police officer involved in the investigation, was added as a def…
The full statement of facts, procedural history, and disposition for this case are member content.
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The defendant below, Deborah Phillips, appeals an order denying her motion for fees made pursuant to section 57.105, Florida Statutes (2009).1 The plaintiff below, Angelo Garcia, and his counsel, Robert Pelier, cross-appeal from the same order with regard to the denial of their motion for attorney fees pursuant to section 57.105. Because we conclude the trial court did not abuse its discretion in denying either motion, we affirm.
I. Background
On April 20, 2006, Garcia, represented by Pelier, commenced a civil action against Miami-Dade County, seeking damages on claims of false arrest and malicious prosecution. Garcia alleged that a number of Miami-Dade police officers caused Garcia to be wrongfully criminally charged as the result of the filing of a false police report.2 Garcia’s second amended complaint, filed on January 16, 2007, added Phillips, a Miami-Dade police officer involved in the arrest and investigation of Phillips, as a defendant.3
In March 2007, Phillips served Garcia and Pelier with a document captioned, “Request for Dismissal of Action Pursuant to F.S. § 57.105(4)” (Request for Dismissal). In the Request for Dismissal, Phillips demanded that the lawsuit against her be dismissed. Phillips asserted that the lawsuit was frivolous because there was no material evidence to support the claim of malicious prosecution. The Request for Dismissal was filed with the trial court on February 5, 2009.4
*571Prior to Phillips filing her 57.105 motion with the court, Phillips moved for summary judgment in June 2008, arguing there was no proof of any of the elements for a malicious prosecution claim. Additionally, Phillips argued that she was entitled to qualified immunity.
On January 12, 2009, the trial court heard, and subsequently granted, Phillips’s motion for summary judgment, holding Phillips was entitled to qualified immunity from Garcia’s lawsuit.
On January 6, 2012, Garcia and Pelier filed their motion for section 57.105 sanctions, which had previously been served upon Phillips and her counsel in August 2011. In their motion, Garcia and Pelier argued that Phillips’s pursuit of her section 57.105 fees motion was frivolous and, therefore, that they were entitled to fees under the statute.
After a hearing, the trial court entered an order denying both section 57.105 motions. This timely appeal and cross-appeal followed.
II. Standard of Review
The appellate court reviews orders denying motions for attorney fees and costs for an abuse of discretion. State, Dep’t of Transp. v. Kisinger Campo & Assocs. Corp., 661 So.2d 58, 59 (Fla. 2d DCA 1995). “The [trial] court determines if the party or its counsel knew or should have known that the claim or defense asserted was not supported by the facts or an application of existing law.” Asinmaz v. Semrau, 42 So.3d 955, 957 (Fla. 4th DCA 2010) (alteration in original) (quoting Wendy’s of N.E. Fla., Inc. v. Vandergriff, 865 So.2d 520, 528 (Fla. 1st DCA 2003)).
We recognize the superior vantage point of the trial judge, and will reverse only if the record reflects that no reasonable trial judge could have denied the subject motions for 57.105 sanctions. See Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla.1980).
III. Analysis
The fact that the trial court determined, via summary judgment, that Phillips was entitled to qualified immunity, does not necessarily mean that Garcia’s malicious prosecution claim lacked factual support — and was therefore sanctionable— under section 57.105. See Freeman v. Valdez, 393 So.2d 1173 (Fla. 3d DCA 1981) (affirming denial of a motion for section 57.105 fees where case was dismissed on basis that sheriff was immune from defamation claims); see also Bowen v. Brewer, 936 So.2d 757, 762 (Fla. 2d DCA 2006) (“Winning a motion for summary judgment does not conclusively prove a section 57.105 claim. If that were the standard, then every award of summary judgment would be followed by a section 57.105 motion.”) (citation omitted).
The record supports the trial court’s conclusion that Phillips did not establish that Garcia’s malicious prosecution claim was meritless; Phillips simply proved that, in this instance, she was able to avoid Garcia’s claim by successfully advancing her immunity defense. See Cullen v. Marsh, 34 So.3d 235, 243 (Fla. 3d DCA *5722010) (“While [the defendant] ultimately established entitlement to an exemption so as to have [the writ of garnishment] dissolved, the fact that he prevailed on the merits entitles him to no sanction award .... Simply put, [the defendant] did not establish that [the plaintiffs] ‘claim[s]’ had no merit; rather, he proved that in this instance he was entitled to avoid them.”) (citations omitted). Thus we conclude the trial court did not abuse its discretion in denying Phillips’s motion for section 57.105 fees.5
Additionally, we affirm the trial court’s denial of Garcia and Pelier’s motion for section 57.105 attorney fees without further discussion.
Affirmed.
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- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Wendy's OF N.E. Fla., Inc. v. Vandergriff, 865 So. 2d 520 (Fla. 1st DCA 2003)
- Demby v. English, 667 So. 2d 350 (Fla. 1st DCA 1995)
- Zaida Lago, Julio Lago, Juan Carlos Lago & Alberto N. Moris, P.A. v. Kame BY Design, LLC, 120 So. 3d 73 (Fla. 4th DCA 2013)
- Asinmaz v. Semrau, 42 So. 3d 955 (Fla. 4th DCA 2010)
- Slate v. Rice, 936 So. 2d 757 (Fla. 1st DCA 2006)
- Freeman v. Valdez, 393 So. 2d 1173 (Fla. 3d DCA 1981)
- State v. Foster, 661 So. 2d 58 (Fla. 2d DCA 1995)
- State v. Kisinger Campo & Assocs., 661 So. 2d 58 (Fla. 2d DCA 1995)
- Cullen v. Marsh, 34 So. 3d 235 (Fla. 3d DCA 2010)