ROLANDO FERNANDEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE.

Citator

Cited By

• Philene Harte-Weiner-Toledo v. Toledo, 363 So. 3d 140 (Fla. 3d DCA 2024)
  …on is not, in and of itself, a sufficient basis to support a finding that a claim was so lacking in merit as to justify an award of fees pursuant to section 57.105.” (quotation omitted)); see also MC Liberty Express, Inc. v. All Points Servs., Inc., 252 So. 3d 397, 403 (Fla. 3d DCA 2018) (“[A]n award of fees under section 57.105 requires more than the moving party succeeding in obtaining a dismissal of the action or the entry of a summary judgment in its favor . . . .”).…
• Preferred Gov't Ins. Tr. v. Aelion, 307 So. 3d 129 (Fla. 3d DCA 2020)
  …and is so devoid of merit on the face of the record that there is little prospect it will ever succeed.” JP Morgan Chase Bank, N.A. v. Hernandez, 99 So. 3d 508, 513 (Fla. 3d DCA 2011). See also MC Liberty Express, Inc. v. All Points Servs., Inc., 252 So. 3d 397, 403 (Fla. 3d DCA 2018) (holding “the trial court must find that the action was ‘frivolous or so devoid of merit both on the facts and the law as to be completely untenable.’ . . . . attorney knew or should have known that a claim or defense when…
• Lieberman v. Sloto, 407 So. 3d 526 (Fla. 3d DCA 2025)

Authorities Cited

• Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010)
• Hernandez v. State, 124 So. 3d 757 (Fla. 2012)