If You File a Frivolous Motion or Pleading: BEWARE

If you file a frivolous motion or pleading: BEWARE. Appellate courts are taking seriously frivolous filings. Frankly, they should! In a recent case, Mark W. Rickard, P.A. d/b/a Law Guard v. Nature's Sleep Factory Direct, LLC, 43 Fla.L.Weekly D2438b (Fla. 4th DCA 2018), a plaintiff voluntarily dismissed its lawsuit prior to trial. The defendant than filed a motion for prevailing party attorney's fees. However, the defendant NEVER pled an actual entitlement to attorney's fees. The plaintiff served a Florida Statute s. 57.105 motion that is designed to notify a party of a frivolous filing and give them a safe-harbor time...