Lopez v. HallAnnotate this Case
The Supreme Court approved the First District Court of Appeal’s holding in Hall v. Lopez, 213 So. 3d 1003 (Fla. 1st DCA 2017), that Fla. Stat. 57.105 does not prohibit awarding attorney’s fees in dating, repeat, and sexual violence injunction proceedings under Fla. Stat. 784.046.
Nicole Lopez filed a petition for injunction for protection against repeat and dating violence under section 784.046 against Sean Hall and received a temporary injunction. Hall later moved for attorney’s fees and sanctions under section 57.105, claiming that Lopez perjured herself in her petitions. Thereafter, Lopez voluntarily dismissed her action. The trial court denied Hall’s motion for attorney’s fees, concluding that section 784.046 does not authorize an award of section 57.105 attorney’s fees on any basis. The First District reversed. The Supreme Court affirmed, holding that section 57.105 may be applied to repeat, dating, and sexual violence injunction proceedings under section 784.046.