Dudley v. Schmidt
Decision Date | 10 August 2007 |
Docket Number | No. 5D06-3821.,5D06-3821. |
Citation | 963 So.2d 297 |
Parties | John D. DUDLEY, Appellant, v. Ellen F. SCHMIDT, Appellee. |
Court | Florida District Court of Appeals |
Richard J. D'Amico, Daytona Beach, for Appellant.
Bruce A. Hochstetler, Daytona Beach, for Appellee.
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) ( ). See also Ratigan v. Stone, 947 So.2d 607, 608 (Fla. 3d DCA 2007) ( ); Geiger v. Schrader, 926 So.2d 432, 433 (Fla. 1st DCA 2006) ( ); Cisneros v. Cisneros, 831 So.2d 257, 258 (Fla. 3d DCA 2002) ( ).
AFFIRMED.
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