Q: Can I file a Motion for Sanctions against the opposing parties frivlous motion for sanctions?
The defendant filed 3 motions for sanctions against me for a "frivolous lawsuit" claiming I have no evidence. However they lying and completely ignoring all the evidence I provided from discovery including the Defendant's direct admission of guilt where he texted the witness that he was guilty, as well as the witness testimony where she testified that the defendant was guilty. Can I file a motion for sanctions against them for a frivolous motion?
A: If they based their sanctions motion on Fla. Statutes Sec. 57.105, they were required to first send you a "safe harbor" letter, which is a letter warning that you have 21 days to to drop your claim(s) and attach an unfiled, draft of their motion that they intend to file after the 21 days. If they simply filed a 57.105 sanctions motion without first sending the letter, their motion may be deemed procedurally invalid (worthless). For you to move for sanctions for the other side filing unjustified sanctions motion, you'd need to follow the same procedure, demanding that they withdraw their motions within 21 days. Also, the word "frivolous" is not the standard for seeking sanctions. Read 57.105. Better yet, schedule a consultation with an attorney. You are also using here another word that usually has no applicability in the civil lawsuit setting - the word "guilty", unless that person literally stated, "I am guilty."
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
