213 So. 3d 1003
Fla. Dist. Ct. App.2016Background
- Nicole Lopez filed an amended petition for an injunction for protection against repeat violence under § 784.046, Florida Statutes; a temporary injunction issued and Sean Hall (Appellant) moved for sanctions and attorney’s fees under § 57.105.
- Appellee voluntarily dismissed the injunction action but the trial court retained jurisdiction to rule on Hall’s § 57.105 motion.
- The trial court denied Hall’s motion, relying on precedent holding that attorney’s fees under § 57.105 cannot be awarded in domestic-violence injunction proceedings.
- Hall appealed the denial, arguing § 57.105 applies to civil proceedings generally and is not precluded in a Chapter 784 injunction action.
- The First District reversed, holding § 57.105 is not prohibited in a § 784.046 action, remanding for a hearing on entitlement to fees, and certifying conflict with several district court decisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 57.105 attorney’s fees and sanctions may be awarded in a § 784.046 injunction action | Hall: § 57.105 applies to civil proceedings generally and is supplemental to other remedies, so it is available in a Chapter 784 action | Lopez/trial court: Chapter 784 (and Chapter 741) contain no fee-authorizing provision and case law bars § 57.105 awards in domestic-violence injunction proceedings | Reversed trial court: § 57.105 is not prohibited in a § 784.046 action; remand for hearing on entitlement; certified conflict with contrary DCA decisions |
| Whether the trial court should rely on inherent authority to award sanctions | Hall: alternatively sought sanctions under the court’s inherent authority for bad faith conduct | Lopez: trial court declined to find inherent-authority sanctions appropriate | Appellate court rejected Hall’s separate argument without extended discussion, noting inherent authority is limited and statutory/rule remedies should be used when available (citing Moakley) |
Key Cases Cited
- Lewis v. Lewis, 689 So.2d 1271 (Fla. 1st DCA 1997) (reversed domestic-violence injunction and noted Chapter 741 contains no attorney-fee provision)
- Cisneros v. Cisneros, 831 So.2d 257 (Fla. 3d DCA 2002) (reversed § 57.105 fee award in domestic violence proceeding)
- Ratigan v. Stone, 947 So.2d 607 (Fla. 3d DCA 2007) (approved § 57.105 award in dissolution case but rejected it for domestic-violence injunction)
- Dudley v. Schmidt, 963 So.2d 297 (Fla. 5th DCA 2007) (affirmed denial of § 57.105 fees in repeat-violence injunction proceedings)
- Bierlin v. Lucibella, 955 So.2d 1206 (Fla. 4th DCA 2007) (reversed denial of § 57.105 fees in Chapter 784 dismissal after repeated deficient pleadings)
- Abraham v. Abraham, 700 So.2d 421 (Fla. 3d DCA 1997) (addressed limits on fee awards tied to statutory chapters)
- Moakley v. Smallwood, 826 So.2d 221 (Fla. 2002) (explained limited inherent authority to assess attorney’s fees and preference for governing statute/rule)