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

Attorney’s fees awarded pursuant to Florida Statute 57.105 in a family law case are usually awarded due to frivolous litigation. This means the court determined a party pursued litigation that he or she knew was baseless, false, and/or not supported by the law. If a 57.105 motion is granted against that party, he or she can be ordered to pay the other party’s attorney’s fees and costs for having to defend against the litigation.

In Bois v. Bois, 4D22-348 (Fla. 4th DCA December 7, 2022), a party was awarded 57.105 fees. The trial court did not yet determine the amount of fees, just that fees were owed. The other party appealed. The appellate court dismissed the appeal, holding “We dismiss as to appellant’s argument that the trial court erred in granting appellee’s motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2020). Because the trial court’s order determined only entitlement to attorney’s fees, that portion of the order is nonfinal and nonappealable.”

Knowing when to appeal your case is important in getting the relief you want. Schedule a consultation with a Miami family law attorney for specific advice on how to proceed with your case.