Legal Question in Civil Litigation in Florida

Frivolous Lawsuit
My boyfriend was served with a Verified Complaint For Partition Of Real Property And Additional Relief naming my boyfriend and the mortgage lender as defendants. The Plaintiff of the suit deeded the subject property over to my boyfriend via a quit claim deed that was recorded by the Clerk's office six months ago. Plaintiff recieved $47,000.00 for consideration. My partner answered the complaint and attached as exhibits a copy of the quit claim deed and a copy of the $47,000.00 check. We have since recieved notification that the suit against the lender has been dropped. Today I checked online and via telephone with the Clerk's office and have been advised that the Plaintiff has dismissed all parties without prejudice before hearing. The quit claim deed has been on the Palm Beach County Public Records website since March. This was nothing more than the a harassment by the Plaintiff and her family. My question is this; shouldn't the attorney have done his homework before filing this suit? Do we have any recourse against the Plaintiff?

Asked on 10/03/07, 1:21 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

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Re: Frivolous Lawsuit

Yes, and there are procedures to obtain attorney fees.

Answered on 10/03/07, 4:36 pm

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Scott R. Jay Law Offices of Scott R. Jay

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Re: Frivolous Lawsuit

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the lawsuit has already been "dropped" or dismissed, and no counterclaim was filed, your boyfriend might be out of luck. He is generally required to file any claim while the original suit remains open. Further, claims for attorney's fees are only awarded under one of three scenarios: 1. Pursuant to Florida law (statutory right); 2. Pursuant to agreement of the parties; or 3. Under 57.103 when there is no justiciable issue of fact or law. The third option is perhaps the hardest option under which to have fees awarded by a judge as they generally find that there were some justiciable issues.

Scott R. Jay, Esq.

Answered on 10/03/07, 11:02 pm

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