Albritton v. Ferrera

This is a consolidated appeal and the third trip to this court for these parties. George Albritton and two of his counsel, Robert Langford and Harold Regan (Appellants), challenge the trial courts final order denying their motions for attorneys fees pursuant to section 57.105, Florida Statutes (1999). Appellants prevailed in a previous appeal defending against Appellee, Martha Ferreras, claim for attorneys fees filed pursuant to the 1997 version of section 57.105, Florida Statutes. Appellants argue Ferrera and her counsel knew or should have known their claim for section 57.105 fees pursuant to the 1997 version of the statute was not supported by the material facts or application of existing law to those facts. As a consequence, Appellants argue, they are entitled to an award of attorneys fees pursuant to the 1999 version of section 57.105, Florida Statutes. We agree and reverse.