ERIC COWGILL AND DANA COWGILL YEAGER, APPELLANTS,

v.

BANK OF AMERICA, AS PERSONAL REPRESENTATIVE, AND MICKEY COWGILL, INDIVIDUALLY, APPELLEES

Citator

Cited By

• Connelly v. OLD Bridge Vill. Co-Op, Inc., 915 So. 2d 652 (Fla. 2d DCA 2005)
  …an award of fees pursuant to section 57.105.” Mason v. Highlands County Bd. of County Comm’rs, 817 So. 2d 922, 923 (Fla. 2d DCA 2002). The course of action available to the plaintiffs in this case was far from clear-cut. See Cowgill v. Bank of Am., 831 So. 2d 241, 241 (Fla. 2d DCA 2002) (reversing an award of fees under the 2000 version of section 57.105(1) because the “claim was arguably supported by material facts and then existing law”); Read v. Taylor, 832 So. 2d 219, 220 (Fla. 4th DCA 2002) (reversing a…
• Martin Cnty. Conservation Alliance & 1000 Friends of Fla., Inc. v. Martin Cnty., 73 So. 3d 856 (Fla. 1st DCA 2011)
  …not supported by the material facts ... or ... the application of then-existing law” under section 57.105, Florida courts have applied standards that maintain a high barrier to the imposition of sanctions. For example, in Cowgill v. Bank of America, 831 So. 2d 241, 242 (Fla. 2d DCA 2002), while the Second District affirmed a summary judgment in favor of Cowgill based on the application of the statute of limitations, it reversed an order imposing sanctions under section 57.105(1) “because the Appellant’s claim…
• Dep't OF Revenue o/b/o Laverne Marchines v. Marchines, 974 So. 2d 1085 (Fla. 2d DCA 2007)
  …evoid of merit both on the facts and the law as to be completely untenable.’ ” Stagl v. Bridgers, 807 So. 2d 177 (Fla. 2d DCA 2002) (quoting Brinson v. Creative Aluminum Prods., 519 So. 2d 59, 60 (Fla. 2d DCA 1988)); see also Cowgill v. Bank of Am., 831 So. 2d 241, 242 (Fla. 2d DCA 2002) (reversing an award of section 57.105 fees because the claim was arguably supported by material facts and existing law). The Department’s actions in this case were neither frivolous nor completely untenable. Reversed. ALTEN…