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George Jackmore v. In Re: Estate of William Jackmore, etc.
Citation: 145 So. 3d 170Docket: 11-6680
Court: District Court of Appeal of Florida; July 30, 2014; Florida; State Appellate Court
Original Court Document: View Document
The District Court of Appeal for the First District of Florida addressed an appeal by George Jackmore challenging a trial court's sanctions order under section 57.105, Florida Statutes. The court affirmed the trial court's award of attorney's fees to the prevailing party but reversed the award of costs, clarifying that section 57.105 does not authorize costs, only reasonable attorney's fees. The decision referenced Ferdie v. Isaacson, which established that costs are not included under section 57.105. The court noted that while the appellant argued the fees should be solely borne by his counsel, his brief lacked supporting case law or statutes, rendering his argument insufficient under the standards set in Henderson v. State. The opinion concluded with a split decision: Judges Padovano and Roberts concurred with the ruling, while Judge Benton concurred in part and dissented in part, arguing that half of the fee award against the appellant should be reversed. Benton highlighted that the trial court did not find that the opposing party's attorney acted in good faith and pointed out that while section 57.105 does not allow for costs, such awards might be permissible under section 57.041 if timely requested.