Security Pacific Credit Cor v. Oasis Plaza Corp.
Docket: No. 97-3454
Court: District Court of Appeal of Florida; May 20, 1998; Florida; State Appellate Court
Appellant Security Pacific Credit Corporation (SPCC) successfully appeals the denial of attorney's fees under section 57.105, Florida Statutes, against attorney Bruce Friedlander. The court reverses the trial court's decision, finding that Friedlander acted in bad faith by re-litigating claims previously determined to be a sham. At the time Friedlander entered the case, the trial court had already struck down his client’s claims in an earlier action, establishing that these claims were meritless and without a justiciable issue. Despite this, Friedlander continued to litigate the claims for four years, even after the judgment affirming their sham nature and the awarding of attorney's fees to SPCC under section 57.105. The court concludes that Friedlander cannot assert good faith in this context, directing the trial court to grant SPCC attorney's fees as stipulated in section 57.105. The decision is reversed and remanded with instructions to award these fees.