FRED VIERA, ESQ.
v.
IN RE: APTITO, LLC V. GENE ZELL
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A trial court does not abuse its discretion in awarding section 57.105 sanctions against an attorney who presents unsupported claims or defenses, provided the award is supported by substantial competent evidence.
[1] Monetary damages under Florida Statute section 57.105 may be awarded against a party's counsel only when a claim or defense presented to the court is not supported by exi…
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Join FLexlaw to unlock all legal intelligence“the award of section 57.105 attorney's fees 'is a matter committed to sound judicial discretion which will not be disturbed on appeal, absent a showing of clear abuse of discretion.'”
Standard of review for sanctions awards under section 57.105
Attorney Fred Viera appealed an order awarding sanctions against him pursuant to section 57.105 of the Florida Statutes in a case involving Aptito, LL…
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Opinion filed August 25, 2021. Not final until disposition of timely filed motion for rehearing.
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No. 3D20-1166 Lower Tribunal No. 14-20464
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Fred Viera, Esq.,
Appellant,
vs.
In Re: Aptito, LLC vs. Gene Zell, et al., Appellees. An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Fred Viera, in proper person. Law Offices of Anthony Accetta, P.A., and Anthony Accetta; Law Office of Lazaro Vazquez, P.A., and Lazaro Vazquez, for appellees Oleg Firer and Net Element, Inc. Before LOGUE, SCALES and MILLER, JJ. PER CURIAM. We conclude that the trial court did not abuse its discretion in entering the challenged order awarding sanctions against appellant, attorney Fred Viera, pursuant to section 57.105 of the Florida Statutes. Lansom v. Reid, 314 So. 3d 385, 386 (Fla. 3d DCA 2020) (holding that the award of section 57.105 attorney’s fees “is a matter committed to sound judicial discretion which will not be disturbed on appeal, absent a showing of clear abuse of discretion.”) (quoting DiStefano Constr., Inc. v. Fid. & Deposit Co., 597 So. 2d 248, 250 (Fla. 1992)). When a claim or defense that is not supported by existing law is presented to the court, section 57.105 monetary damages may be awarded against a party’s counsel only. Davis v. Bailynson, 268 So. 3d 762, 766 (Fla. 4th DCA 2019). Further, the record provides substantial competent evidence to support the amount of the award. See Yakavonis v. Dolphin Petroleum, Inc., 934 So. 2d 615, 618 (Fla. 4th DCA 2006) (“The trial court’s finding must be based upon substantial competent evidence presented to the court at the hearing on attorney’s fees or otherwise before the court and in the trial court record.”) (quoting Weatherby Assocs., Inc. v. Ballack, 783 So. 2d 1138, 1141 (Fla. 4th DCA 2001)); see also 22nd Century Props., LLC v. FPH Props., LLC, 160 So. 3d 135, 144 (Fla. 4th DCA 2015) (“Issues are ‘inextricably intertwined’ or involve a ‘common core of facts’ when ‘‘work for one claim cannot be distinguished from work on other claims.’”) (quoting Miller v. Miller, 107 So. 3d 430, 433 (Fla. 4th DCA 2012)). Affirmed.
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LAW Offs. of Alexander E. Borell, P.A. v. In re Jesus Cala Acevedo V. Herga Imperiod Noda (Fla. 3d DCA 2021)…ward, and a third order awarding attorney’s fees and costs. “[T]he award of attorney’s fees is a matter committed to sound judicial discretion which will not be disturbed on appeal, absent a showing of clear abuse of discretion.” Lanson v. Reid, 314 So. 3d 385, 386 (Fla. 3d DCA 2020) (quotation omitted). “The trial court’s finding must be based upon substantial competent evidence presented to the court at the hearing on attorney’s fees or otherwise before the court and in the trial court record.” Wea…
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Viera v. In re Aptito, 314 So. 3d 385 (Fla. 3d DCA 2021)…PER CURIAM. We conclude that the trial court did not abuse its discretion in entering the challenged order awarding sanctions against appellant, attorney Fred Viera, pursuant to section 57.105 of the Florida Statutes. Lansom v. Reid, 314 So. 3d 385, 386 (Fla. 3d DCA 2020) (holding that the award of section 57.105 attorney’s fees “is a matter committed to sound judicial discretion which will not be disturbed on appeal, absent a showing of clear abuse of discretion.”) (quoting DiStefano Constr.,…
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Lopez v. Cavagnuolo (Fla. 3d DCA 2021)…ants were the prevailing party following the filing of a notice of voluntary dismissal, nor did the trial court abuse its discretion in its determination of the amount and reasonableness of the attorney’s fees to be awarded. See Lanson v. Reid, 314 So. 3d 385 (Fla. 3d DCA 2020) (affirming sanctions under section 57.105 and noting that an “award of attorney’s fees is a matter committed to sound judicial discretion which will not be disturbed on appeal, absent a showing of clear abuse of discretion”); P…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- DiSTEFANO Constr., Inc. v. Fid. & Deposit Co. OF Md., 597 So. 2d 248 (Fla. 1992)
- Weatherby Assocs., Inc. v. Ballack, 783 So. 2d 1138 (Fla. 4th DCA 2001)
- Yakavonis v. Dolphin Petroleum, Inc., 934 So. 2d 615 (Fla. 4th DCA 2006)
- 22ND Century Props., LLC v. FPH Props., LLC, 160 So. 3d 135 (Fla. 4th DCA 2015)
- Miller v. Harlan L. Miller, 107 So. 3d 430 (Fla. 4th DCA 2012)
- Davis v. Bailynson, 268 So. 3d 762 (Fla. 4th DCA 2019)
- Viera v. In re Aptito, 314 So. 3d 385 (Fla. 3d DCA 2021)