This Is our Village

Friday, December 27, 2013


Dave Israel


  1. Can anyone translate the docket, there was request for voluntary dismissal by plaintiff ??, then extension, now "FAIRWAYS LLCS MOTION FOR SANCTIONS PURSUANT TO FLA R APP 9.410 AND SECTION 57.105 FLA STAT F/B RESP" thx.

  2. Hi Elaine,
    December 27, 2013 at 2:29 PM,

    The 2013 Florida Statutes
    Title VI
    Chapter 57
    View Entire Chapter

    57.105 Attorney’s fee; sanctions for raising unsupported claims or defenses; exceptions; service of motions; damages for delay of litigation.—
    (1) Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney on any claim or defense at any time during 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......

    ETC. Ad Infinitum.
    Dave Israel

  3. Thank you Dave, PRPC should put this on their blog.

  4. Ok- so did only one Petitioner, Ms. Gerson, drop out of the case, or did she motion for voluntary dismissal on behalf of all of the Petitioners?

    Is Fairways LLC, asking the Court to order their legal costs to be paid by the Petitioners?

    Is this thing over?

  5. Hi Don4060,
    December 27, 2013 at 8:55 PM,

    It is very difficult to figure out the case status from the docket log, but the cited statutes help, here is the other piece:


    After 10 days’ notice, on its own motion, the court may impose sanctions for any violation of these rules, or for the
    filing of any proceeding, motion, brief, or other paper that is frivolous or in bad faith. Such sanctions may include
    reprimand, contempt, striking of briefs or pleadings, dismissal of proceedings, costs, attorneys’ fees, or other sanctions.

    Committee Notes

    1977 Amendment. This rule replaces former rule 3.17. This rule specifies the penalties or sanctions that generally are imposed, but does not
    limit the sanctions available to the court. The only change in substance is that this rule provides for 10 days notice to the offending party before imposition of sanctions.
    It would appear that the Plaintiffs are adjudged "guilty" of some sort of violation of Civil Procedure" and that Fairways is seeking damages.

    That's the best I can do with this level of information. It would be nice to hear from someone from PRPC on this.

    Dave Israel

  6. I haven't a clue what is going on. Did PRPC give up the suit?


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