ATTORNEY’S FEES
AND COSTS
By K. Dean Kantaras and Nicolette Rea
Apredominant issue in Florida
civil proceedings is whether a
party will be awarded attorney’s
fees and costs. Florida law seeks
to discourage unnecessary litigation
by providing prevailing parties in a
civil proceeding or action an award of
reasonable attorney’s fees or costs in cases
where a party makes an unsubstantiated
claim or defense. However, what qualifies
as a “civil proceeding or action?” is the
question. Are the parties to a proceeding
concerning repeat, dating, and sexual
violence injunctions also afforded the
opportunity to seek attorney’s fees when
a party makes an unsubstantiated claim
or defense?
Florida courts have historically
disagreed on this issue. However, the
Florida Supreme Court recently resolved
the disagreement when it decided the case
of Lopez v. Hall, 2018 Fla. LEXIS 59, 43
Fla. L. Weekly S 11—So. 3d—(Fla. Jan. 11,
2018). In Lopez, the trial court granted a
petition for temporary injunction against
a respondent for repeat, dating, or sexual
violence. Subsequently, the respondent
filed a motion for attorney’s fees and
sanctions under Florida Statutes Section
57.107(1). The respondent claimed that the
petitioner perjured herself in her petition,
resulting in an unwarranted injunction.
Specifically, Section 57.107(1) authorizes an
award of attorney’s fees to the prevailing
party when the other party or her attorney
142 TAMPA BAY MAGAZINE | MAY/JUNE 2018
dating, and sexual violence injunctions are
afforded the same opportunity to pursue
attorney’s fees in cases where a party
pursues an unfounded claim or defense
as a party involved in any other type of
civil proceeding. 9
EDITOR’S NOTE: K. Dean Kantaras has
been licensed to practice law in Florida for more
than 24 years. Mr. Kantaras is the managing
partner of K. Dean Kantaras, P.A., a firm
handling cases in family law and immigration.
Mr. Kantaras is board certified in marital and
family law by the Florida Bar, a distinction
held by less than 1 percent of all attorneys
licensed to practice in Florida. He is “A” rated
by Martindale-Hubbell, the highest possible
rating. He is a member of the Supreme Court
of the United States, the United States Court
of Appeals for the 11th Circuit and Middle
District, The Florida Bar, and the Clearwater
Bar Association.
Nicolette Rea, Esq. was raised in
Williamstown, West Virginia, and moved to
Tampa, Florida in May 2017. She graduated
summa cum laude from Bethany College in
2014 and received her law degree from the
West Virginia University College of Law
in May 2017. Nicolette is a member of the
Florida Bar and joined the law firm of
K. Dean Kantaras, P.A. in January 2018. Their
offices are located at 3531 Alternate 19, Palm
Harbor, 34638, (727) 781-0000 and 1930 East
Bay Drive, Largo, 33771, (727) 544-0000,
kantaraslaw.com
LAARWT
K. Dean Kantaras, Esq.
knew or should have known that a claim
or defense (1) was not supported by the
facts necessary to establish the claim or
defense, or (2) would not be supported by
the application of the law to the facts. The
trial court denied the respondent’s motion
for fees on the basis that Florida Statutes
Section 784.046, the Section governing
proceedings relating to repeat, sexual,
or dating violence, does not permit an
award of attorney’s fees. The respondent
appealed this decision.
The Florida Supreme Court ultimately
held that an award of attorney’s fees and
costs may, in fact, properly be made in
proceedings concerning repeat, dating,
or sexual violence. In its decision, the
Court noted that a proceeding concerning
repeat, dating, or sexual violence is clearly
a “civil proceeding or action” within the
definition of Section 57.107(1). Further, the
Court reasoned that “while Section 784.046
includes no mention of fees and costs, it
does not purport to prohibit an award
pursuant to Section 57.107.” Accordingly,
parties in a proceeding concerning repeat,