385 So.3d 1098
Fla. Dist. Ct. App.2024Background
- Attorney Anthony J. Fantauzzi appealed an order denying his motion for relief from a final judgment, which awarded attorney's fees against him under §57.105, Florida Statutes.
- The fees had been awarded to attorney John P. Fleck, Jr., after Fleck claimed that the underlying action, filed by James C. Day (pro se), was frivolous.
- Fleck's motion for appellate attorney's fees was filed before Fantauzzi appeared as counsel for Day and was directed solely at Day.
- Fantauzzi was never served with a motion or notified that fees would be sought against him, nor did notices of hearing indicate that fees would be pursued against him after his withdrawal from the case.
- The trial court nonetheless awarded attorney's fees jointly and severally between Day and Fantauzzi after Fantauzzi had withdrawn.
- Fantauzzi did not learn of the judgment until after the period to seek review had expired and filed a motion for relief under Fla. R. Civ. P. 1.540, arguing lack of due process.
Issues
| Issue | Fantauzzi's Argument | Fleck's Argument | Held |
|---|---|---|---|
| Whether Fantauzzi was denied due process before being sanctioned with fees | Fantauzzi received no notice or opportunity to respond; never served with motion seeking fees against him | Fantauzzi could have sought rehearing or appealed the judgment; notices of hearing were sufficient | Fantauzzi was denied due process; judgment void |
| Appropriateness of relief via Rule 1.540(b) motion | Rule 1.540(b) proper for relief from a void judgment | Not proper vehicle—Fantauzzi failed to file motion for rehearing or appeal | Rule 1.540(b) is proper for void judgment due to due process violation |
| Compliance with §57.105 safe harbor | No safe harbor letter or notice provided; violates statute | No specific response indicated | Safe harbor requirement not met; reversible error to grant fees |
| Scope of appellate order on fees | No mention of fees against Fantauzzi; only addressed Day | Trial court may award fees consistent with appellate mandate | Trial court exceeded scope; no authority to award fees against Fantauzzi |
Key Cases Cited
- Airan2, Airan-Pace & Crosa, P.A. v. Cadence Bank, N.A., 85 So. 3d 506 (Fla. 2d DCA 2012) (reversed fees where attorney not identified or served with motion).
- Shapiro v. WPLG, LLC, 365 So. 3d 450 (Fla. 3d DCA 2023) (affirmed fees against attorney named and served with motion).
- Horticultural Enterprises v. Plantas Decorativas, LTDA, 623 So. 2d 821 (Fla. 5th DCA 1993) (fees proper where notice specifically requested fees against counsel).
- Rivera Chiropractic, Inc. v. Rosello, 336 So. 3d 409 (Fla. 2d DCA 2022) (reversible error for failing to comply with §57.105 safe harbor).