Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

When a party seeks attorney’s fees on Florida Statute 57.105 against the other party in a Florida family law case, a court generally examines whether a motion filed is frivolous or without merit. This type of fee award can be granted upon request by one party or by the court’s own initiative. This was an issue in the case Pomelli v. Pomelli, 3D20-1029 (Fla. 3d DCA October 6, 2021).

On the trial level in the parties’ divorce, the court granted the wife’s motion for attorney’s fees under Fla. Stat. 57.105. The court also imposed sanctions under the same statute using its inherent authority to do so. The husband appealed both, arguing a violation of his due process rights. The record below showed the husband was disruptive in the proceedings, and found he operated in bad faith.

The appellate court affirmed the trial court’s decision to grant the wife’s motion, finding no abuse of discretion. However, as it relates to the court’s imposition of its own sanctions, the appellate court held “Upon review of the order granting sanctions pursuant to the trial court’s inherent authority, we reverse and remand on due process grounds. Due process requires notice and an opportunity to allow the party to amend the offending pleading. See Moakley v. Smallwood, 826 So. 2d 221, 227 (Fla. 2002); S. Coatings, Inc. v. City of Tamarac, 943 So. 2d 948, 952 (Fla. 4th DCA 2006). Accordingly, we reverse and remand this order for a noticed hearing to determine whether sanctions are appropriate.”

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