The situation is: We're talking about your Motion that you send to the opposing side, but not file with the court. The opposing side sets your Motion for hearing at a Uniform Motion Calender (non-evidentary hearing). You cancel the hearing, but the opposing side won't agree and tells you that he's going in front of the Judge anyway. You explain to the Judge that you sent the Motion as a courtesy to the other side to start negiotiations, and now you want to file the issue as a separate complaint. The Judge says that you are going to be assessed attorney 's fees and costs under FL 57.105. The Judge doesn't mention how much is awarded but tells the opposing side to prepare the Order.
Because the Judge mentions the words "frivilous motion" without the merits of the Motion even being heard, what are the implications of the Judge's Order, and how could it be used by a very nasty opposing side? Should it be appealed or should something be filed on the record to protect the integrity of the future complaint that the Motion is based on?
Statute reference:
http://www.leg.state.fl.us/Statutes...&Search_String=&URL=Ch0057/SEC105.HTM&Title=->2002->Ch0057->Section%20105
Because the Judge mentions the words "frivilous motion" without the merits of the Motion even being heard, what are the implications of the Judge's Order, and how could it be used by a very nasty opposing side? Should it be appealed or should something be filed on the record to protect the integrity of the future complaint that the Motion is based on?
Statute reference:
http://www.leg.state.fl.us/Statutes...&Search_String=&URL=Ch0057/SEC105.HTM&Title=->2002->Ch0057->Section%20105
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