Thursday, October 13, 2005

Referral to Mediation Forestalls Claim for F.S. 57.105 Attorneys’ Fees

The Second District Court of Appeal in Connelly v. Old Bridge Village Co-op, Inc., et al., 2005 Fla. App. LEXIS 16307 [Fla. 2nd DCA 2005] reversed an order awarding attorney’s fees and costs under section 57.105(1), Florida Statutes. In this unique case, a motion to dismiss was filed and instead of ruling on it the court ordered the parties to mediation which resulted in an impasse. Part of the rationale for the appellate court’s reversal of the award was that “the referral to mediation suggested that the declaratory judgment action had some validity or at least was not so devoid of merit as to be obviously and apparently unsupported by the material facts necessary to establish the claim.”

How about that? Isn’t the aura of mediation something?!?

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