CHRISTOPHER A. BURR
v.
MABELLY BEATRIZ MATUTE OSPINO

Fla. 3d DCA | 2024-10-02
No. 3D2023-1207
389 So. 3d 611 Florida District Court of Appeal, Third District (2024) Positive Treatment
Cited by 2 cases

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Holding

Conduct that falls short of vexatious conduct cannot justify an award of attorney's fees under the court's inherent authority to prevent vexatious litigation.

Headnotes

[1] Conduct that does not rise to the level of vexatious litigation cannot support an award of attorney's fees under a court's inherent authority to prevent vexatious conduct…

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Facts & Procedural History

Christopher A. Burr appealed a circuit court decision in Miami-Dade County regarding a dispute with Mabelly Beatriz Matute Ospino.…

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Topics
Need And Ability To Pay Vexatious Litigation Attorney'S Fees

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Opinion of the Court

Opinion filed October 2, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1207 Lower Tribunal No. 20-18347

________________

Christopher A. Burr,

Appellant,

vs.

Mabelly Beatriz Matute Ospino,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Oscar Rodriguez-Fonts Judge. Sandy T. Fox, P.A., Sandy T. Fox, and Alisha B. Savani, for appellant. Mabelly Beatriz Matute Ospino, in proper person. Before LINDSEY, MILLER and GOODEN, JJ. PER CURIAM.

Affirmed. See Alarcon v. Dagen, 389 So. 3d 611, 614 (Fla. 3d DCA

2023) (holding mother’s conduct fell short of vexatious conduct which would justify an award of fees); Hallac v. Hallac, 88 So. 3d 253, 260 (Fla. 4th DCA

2012) (“Because the primary factors under section 61.16 require need and ability to pay, the award of attorney’s fees against the wife and in favor of the husband cannot be justified pursuant to the statutory authority. Instead, the award must be authorized under the court’s inherent authority to prevent vexatious litigation. This case, however, does not provide the type of inequitable conduct present in . . . the very rare cases where vexatious litigation is present.”).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Burr v. Mabelly Beatriz Matute Ospino, 389 So. 3d 611 (Fla. 3d DCA 2024)
    …PER CURIAM. Affirmed. See Alarcon v. Dagen, 389 So. 3d 611, 614 (Fla. 3d DCA 2023) (holding mother’s conduct fell short of vexatious conduct which would justify an award of fees); Hallac v. Hallac, 88 So. 3d 253, 260 (Fla. 4th DCA 2012) (“Because the primary factors under section 61.16 require need and abil…
  • Gonzalez v. Dayami Rodriguez Rodriguez (Fla. 3d DCA 2025)

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