JOHN D. DUDLEY, APPELLANT,
v.
ELLEN F. SCHMIDT, APPELLEE
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Florida appellate court affirmed that attorney's fees cannot be awarded in domestic violence injunction proceedings under section 741.30, regardless of allegedly false statements by the opposing party.
Attorney's fees cannot be awarded in a domestic violence injunction proceeding under section 741.30, Florida Statutes, even when based on allegedly false statements.
[1] Attorney's fees cannot be awarded in a domestic violence injunction proceeding under section 741.30, Florida Statutes, regardless of allegedly false statements by the opp…
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Join FLexlaw to unlock all legal intelligenceJohn Dudley sought relief from a trial court order denying him attorney's fees in a domestic violence injunction case brought by Ellen Schmidt.…
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THOMPSON, J.
The appellant, John Dudley, challenges the trial court’s order denying his motion for relief from judgment or to set aside the court’s order denying him attorney’s fees pursuant to section 57.105, Florida Statutes (2005), based upon allegedly false statements made by the appellee, Ellen Schmidt, in her petition for injunction against repeat violence. We affirm.
There is no basis for the imposition of attorney’s fees in a proceeding for injunction against repeat violence under section 741.30, Florida Statutes (2005). Attorney’s fees cannot be awarded in a domestic violence injunction case. See Bane v. Bane, 775 So. 2d 938, 942 n. 4 (Fla.2000) (citing Belmont v. Belmont, 761 So. 2d 406 (Fla. 2d DCA 2000), Abraham v. Abraham, 700 So. 2d 421 (Fla. 3d DCA 1997), Lewis v. Lewis, 689 So. 2d 1271 (Fla. 1st DCA 1997), and Baumgartner v. Baumgartner, 693 So. 2d 84 (Fla. 2d DCA 1997)). See also Ratigan v. Stone, 947 So. 2d 607, 608 (Fla. 3d DCA 2007) (holding trial court erred in awarding attorney’s fees in the domestic violence injunction proceeding because there is no statutory authority to award fees as sanctions in such case); Geiger v. Schrader, 926 So. 2d 432, 433 (Fla. 1st DCA 2006) (holding there is no provision for an award of attorney’s fees in a section 741.30 proceeding); Cisneros v. Cisneros, 831 So. 2d 257, 258 (Fla. 3d DCA 2002) (holding trial court was without jurisdiction to award trial level attorney’s fees pursuant to section 57.105 for domestic violence proceeding).
AFFIRMED.
PALMER, C.J., and MONACO, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lopez v. Hall, 233 So. 3d 451 (Fla. 2018)…ict with the Third District Court of Appeal’s decisions in Ratigan v. Stone, 947 So. 2d 607 (Fla. 3d DCA 2007), and Cisneros v. Cisneros, 831 So. 2d 257 (Fla. 3d DCA 2002), and with the Fifth District Court of Appeal’s decision in Dudley v. Schmidt, 963 So. 2d 297 (Fla. 5th DCA 2007), regarding whether an award of attorney’s fees pursuant to section 57.105, Florida Statutes (2013), is permissible in dating, repeat, and sexual violence injunction proceedings under section 784.046, Florida Statutes (2013).1 We…
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Hall v. Lopez, 213 So. 3d 1003 (Fla. 1st DCA 2016)…in awarding such fees in the domestic violence injunction proceeding because there was no statutory authority for the award. 947 So. 2d 607, 608 (Fla. 3d DCA 2007) (citing Belmont, Abraham, Baumgartner, and Lewis). Furthermore, in Dudley v. Schmidt, 963 So. 2d 297, 297-98 (Fla. 5th DCA 2007), the Fifth District affirmed the trial court’s denial of section 57.105 attorney’s fees relating to a petition for injunction against repeat violence as follows: There is no basis for the imposition of attorney’s fees in…
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Llompart v. Camejo, 50 So. 3d 793 (Fla. 3d DCA 2011)…[*794] SUAREZ, J. Affirmed. See Dudley v. Schmidt, 963 So. 2d 297 (Fla. 5th DCA 2007) (citing no statutory authority to award fees as sanctions in a domestic violence injunction proceeding); Bierlin v. Lucibella, 955 So. 2d 1206 (Fla. 4th DCA 2007) (holding that there must be a finding that the case failed to pres…
Authorities Cited
- Bane v. Consuella Kathleen Bane, 775 So. 2d 938 (Fla. 2000)
- Belmont v. Belmont, 761 So. 2d 406 (Fla. 2d DCA 2000)
- Lewis v. Lewis, 689 So. 2d 1271 (Fla. 1st DCA 1997)
- Baumgartner v. Sibylle Baumgartner, 693 So. 2d 84 (Fla. 2d DCA 1997)
- Ratigan v. Stone, 947 So. 2d 607 (Fla. 3d DCA 2007)
- Barth Satuloff v. Am. Reliance Ins. Co., 700 So. 2d 421 (Fla. 3d DCA 1997)
- Abraham v. Sherrie Lleo Abraham, 700 So. 2d 421 (Fla. 3d DCA 1997)
- Cisneros v. Cisneros, 831 So. 2d 257 (Fla. 3d DCA 2002)
- Maris Marie Geiger v. Schrader, 926 So. 2d 432 (Fla. 1st DCA 2006)