Reznek v. Chase Home Finance, decided Dec. 10 by the Third District Court of Appeal, is an interesting case that deals with and clarifies the filing and use of an appellate Fla. Stat. §57.105(4) motion in conjunction with Fla. R. of App. P. 9.410(b)(3) and (b)(4). It also explains when a court may appropriately strike a §57.105 motion.

Miami-Dade Circuit Judge Spencer Eig denied appellant Dorit Reznek's motion for entitlement to attorney fees and costs in a mortgage foreclosure case. Reznek appealed Eig's denial.

After the notice of appeal was filed, Reznek served Chase Home Finance with a motion for appellate attorney fees based on Fla. Stat. §57.105. Reznek's motion stated that if Chase did not file a confession of error, that the motion would be filed 21 days later (after the safe harbor provision) with the appellate court. The purpose of the safe harbor provision is to give parties an opportunity to withdraw their filing because it is not based in fact or law. The filing, according to Reznek, would trigger appellate fees.