Section 57.105 of the Florida Statutes permits a party to obtain attorney fees when the opposing party raises a claim or defense that is unsupported by either law or fact. The statute is not designed for use where a party disagrees with an argument raised or is angry that a losing party seeks appellate review. This article considers the purpose of 57.105, its use in an appellate proceeding, and the implication of a recent ruling from the Third District Court of Appeal.

Purpose of Section 57.105

The central purpose behind Section 57.105 is to deter meritless, frivolous filings. The section allows a court to award attorney fees to a party when the opposing party raises baseless claims in the trial court or brings a sham appeal to the appellate court.