(Is is OK to Have a Process Server Show Up At An Opposing Lawyers Home to Subpoena His Wife?)

Harshandrai Mistry v. Phyllis Minton

Authority of the Court to Award Attorney’s Fees and Costs

a. This Court Can Award Attorney’s Fees under 57.105(1) 4. 57.105(1) states:Upon the court’s initiative or motion of any party, the court shall award a reasonableattorney’s fee, including prejudgment interest, to be paid to the prevailing party in equalamounts by the losing party and the losing party’s attorney on any claim or defense at any time a civil proceeding or action in Which the court finds that the losing party or the losing party’s attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial:(a) Was not supported by the material facts necessary to establish the claim or defense; or(b) Would not be supported by the application of then-existing law to those material facts.

5. Defendant Orloff and Defendant Minton seek to convince this court that Mistry pursued this case from the very first filing, and stubbornly pursued this case for nearly a year when he knew full well that his entire claim, his entire case was opposed by the known material facts. “A claim is ‘supported by the material facts’ Within the meaning of the statute When ‘the party possesses admissible evidence sufficient to establish the fact if accepted by the finder of fact.” Siegel V. Rowe, 71 So.3d 205 (Fla. 2nd DCA 201 1)

51.105memo sanction 57.105(1) 57.105 Complaint final judgment Rehearing RehearingReply Transcript Transcript1