Summary
The Sixth District Court of Appeal of Florida affirms an award of attorney’s fees imposed under section 57.105(1), Florida Statutes. It reverses the separate award of $75 in costs because the statute authorizes attorney’s fees but does not authorize an award of costs.
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Practice areas
Questions Presented
- Whether section 57.105(1), Florida Statutes (2023), authorizes an award of costs in addition to reasonable attorney's fees.
- Whether the trial court's attorney's-fee award under section 57.105(1) should be affirmed.
Holdings
- Section 57.105(1) authorizes an award of reasonable attorney's fees, but it does not authorize an award of costs.
- The trial court's award of attorney's fees under section 57.105(1) is affirmed.
Key quotations
“While that language plainly authorizes an award of reasonable attorney’s fees, it mentions nothing of costs.” (at 2)
“And we are not at liberty to inject the term “costs” into the statute and authorize the award, when the legislature itself declined to do so.” (at 2)
Factual background
The trial court imposed sanctions against Timothy Rose under section 57.105(1), awarding Bethany Rose attorney's fees and $75 in costs. The appellate court addressed whether the statute authorized the cost award and concluded that the statute expressly authorizes reasonable attorney's fees but does not mention costs.
Procedural history
The Circuit Court for Lee County awarded attorney's fees and $75 in costs as sanctions under section 57.105(1). The Sixth District Court of Appeal affirmed the attorney's-fee award but reversed the costs award because the statute does not authorize costs.