Bank of America, N.A. v. Hamdija Turkanovic

District Court of Appeal of Florida

Bank of America, N.A. v. Hamdija Turkanovic

204 So. 3d 595, 2016 Fla. App. LEXIS 17766

CourtDistrict Court of Appeal of Florida

DecidedDecember 1, 2016

Docket1D16-3416

StatusPublished

Cited by4 cases

This text of 204 So. 3d 595 (Bank of America, N.A. v. Hamdija Turkanovic) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bank of America, N.A. v. Hamdija Turkanovic, 204 So. 3d 595, 2016 Fla. App. LEXIS 17766 (Fla. Ct. App. 2016).

Pincite

Opinion

PER CURIAM.

Petitioner, Bank of America, N.A. (BOA), seeks a writ of prohibition to prevent the trial court from compelling the deposition of its corporate representative in furtherance of. Respondent’s motion seeking an award of attorney’s fees as a sanction against BOA for filing this allegedly frivolous foreclosure case. ■ We agree with BOA that the trial court lacks jurisdiction to impose the sanction sought by Respondent because BOA voluntarily dismissed this case within the safe harbor period in section 57,105(4), Florida Statutes, and before Respondent filed his motion for sanctions. See Pino v. Bank of New York, 121 So.3d 23, 42 (Fla.2013); Pomeranz & Landsman Corp. v. Miami Marlins Baseball Club, L.P., ,143 So.3d 1182, 1183 (Fla. 4th DCA 2014). Respondent cannot avoid this jurisdictional bar by filing the motion under Florida Rule of Civil Procedure 1.525 and basing the request for sanctions on “the' inherent power of the Court” rather than section 57.105(1). See Hall v. Lopez, — So.3d — n. 1, 41 Fla. L. Weekly D1763, n. 1, 2016 WL 4036093 n. 1 (Fla. 1st DCA July 28, 2016) (noting-that “a trial court has a limited inherent authority to assess attorney’s fees against an attorney or party for bad faith conduct, but ‘if a specific statute or rule applies, the trial court should rely on the applicable rule or statute rather than on inherent authority.’ ” (quoting Moakley v. Smallwood, 826 So.2d 221, 224-27 (Fla.2002)).

Accordingly, BOA’s petition for writ of prohibition is GRANTED.

B.L. THOMAS, WETHERELL, and M.K. THOMAS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Petitioner, Bank of America, N.A. (BOA), seeks a writ of prohibition to prevent the trial court from compelling the deposition of its corporate representative in furtherance of. Respondent’s motion seeking an award of attorney’s fees as a sanction against BOA for filing this allegedly frivolous foreclosure case. ■ We agree with BOA that the trial court lacks jurisdiction to impose the sanction sought by Respondent because BOA voluntarily dismissed this case within the safe harbor period in section 57,105(4), Florida Statutes, and before Respondent filed his motion for sanctions. See Pino v. Bank of New York, 121 So.3d 23, 42 (Fla.2013); Pomeranz & Landsman Corp. v. Miami Marlins Baseball Club, L.P., ,143 So.3d 1182, 1183 (Fla. 4th DCA 2014). Respondent cannot avoid this jurisdictional bar by filing the motion under Florida Rule of Civil Procedure 1.525 and basing the request for sanctions on “the' inherent power of the Court” rather than section 57.105(1). See Hall v. Lopez, — So.3d — n. 1, 41 Fla. L. Weekly D1763, n. 1, 2016 WL 4036093 n. 1 (Fla. 1st DCA July 28, 2016) (noting-that “a trial court has a limited inherent authority to assess attorney’s fees against an attorney or party for bad faith conduct, but ‘if a specific statute or rule applies, the trial court should rely on the applicable rule or statute rather than on inherent authority.’ ” (quoting Moakley v. Smallwood, 826 So.2d 221, 224-27 (Fla.2002)).

Accordingly, BOA’s petition for writ of prohibition is GRANTED.

B.L. THOMAS, WETHERELL, and M.K. THOMAS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

204 So. 3d 595, 2016 Fla. App. LEXIS 17766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-america-na-v-hamdija-turkanovic-fladistctapp-2016.

Opinion

Related

Cite This Page — Counsel Stack