Security Pacific Credit Corp. v. Oasis Plaza Corp.
| Decision Date | 20 May 1998 |
| Docket Number | No. 97-3454,97-3454 |
| Citation | 714 So.2d 1039 |
| Parties | 23 Fla. L. Weekly D1244 SECURITY PACIFIC CREDIT CORPORATION, Appellant, v. OASIS PLAZA CORPORATION, Bruce D. Friedlander, et al., Appellees. Third District |
| Court | Florida District Court of Appeals |
Lapidus & Frankel, and Richard L. Lapidus, Miami, for appellant.
Bruce D. Friedlander, in proper person.
Before LEVY, GERSTEN and GREEN, JJ.
Appellant, Security Pacific Credit Corporation ("SPCC") appeals the denial of attorney's fees under section 57.105, Florida Statutes (1995), against attorney-appellee, Bruce Friedlander ("Friedlander"). We reverse, because Friedlander did not act in good faith where he re-litigated claims that had already been determined to be a sham.
When Friedlander entered this case, his client's claims had already been struck down by the trial court in another action as a sham. Thus, it was clear that these claims lacked any justiciable issue, were devoid of merit and were completely untenable. See Muckenfuss v. Deltona Corp., 508 So.2d 340 (Fla.1987); Whitten v. Progressive Cas. Ins. Co., 410 So.2d 501 (Fla.1982), receded from in part on other grounds, Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985); Morrone v. State Farm Fire and Cas. Ins. Co., 664 So.2d 972 (Fla. 4th DCA 1995); Bay Fin. Sav. Bank, F.S.B. v. Hook, 648 So.2d 305 (Fla. 2d DCA 1995); O'Brien v. Brickell Townhouse, Inc., 457 So.2d 1123 (Fla. 3d DCA 1984). However, Friedlander continued to litigate these claims for four years, despite the affirmance of the judgment striking the pleadings as a sham and the subsequent award of attorney's fees for the lack of a justiciable issue under section 57.105. See Visoly v. Security Pacific Credit Corp., 625 So.2d 1276 (Fla. 3d DCA 1993), review denied, 637 So.2d 239 (Fla.1994); Visoly v. Bodek, 602 So.2d 979 (Fla. 3d DCA 1992). Accordingly, Friedlander cannot claim good faith under section 57.105 and the trial court should have granted SPCC attorney's fees.
Reversed and remanded with directions to award attorneys fees under section 57.105.
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Visoly v. Security Pacific Credit Corp., 3D99-1155.
...good faith under section 57.105 and the trial court should have granted SPCC attorney's fees." See Security Pacific Credit Corp. v. Oasis Plaza Corp., 714 So.2d 1039, 1040 (Fla. 3d DCA), review denied 728 So.2d 201 The Visolys then obtained another lawyer who appeared "specially" and moved ......
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Lanson v. Reid
...the court's Standing Order on fees, the Appellants have waived any objections to the fee award. See Sec. Pac. Credit Corp. v. Oasis Plaza Corp., 714 So. 2d 1039, 1040 (Fla. 3d DCA 1998) (holding section 57.105 fees were warranted as counsel did not act in good faith by re-litigating claims ......
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Lopez v. Cavagnuolo
...... 129 (Fla. 3d DCA 2020); Sec. Pac. Credit Corp. v. Oasis. Plaza Corp., 714 So.2d 1039 ......
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Lopez v. Cavagnuolo
...clear abuse of discretion"); Preferred Gov't Ins. Trust v. Aelion, 307 So. 3d 129 (Fla. 3d DCA 2020) ; Sec. Pac. Credit Corp. v. Oasis Plaza Corp., 714 So. 2d 1039 (Fla. 3d DCA 1998). See also Yampol v. Schindler Elevator Corp., 186 So. 3d 616, 617 (Fla. 3d DCA 2016) (noting that, in Thornb......