Strothman v. Henderson Mental Health Ctr., Inc.
Cases that cite this one
19 later published cases cite this decision.
- DANIEL PANSKY v. VICTORIA PANSKY (Fla. Dist. Ct. App. 2018)
- Jose R. Gonzalez v. Mortgage Electronic Registration Systems, Inc. (11th Cir. 2014)
- Virginia Investment Fund Ltd. Partnership v. Nolan (Fla. Dist. Ct. App. 2004)
- Mason v. HIGHLANDS COUNTY BD. OF COM'RS (Fla. Dist. Ct. App. 2002)
- Stagl v. Bridgers (Fla. Dist. Ct. App. 2002)
- Mason v. Highlands County Board of County Commissioners (Fla. Dist. Ct. App. 2002)
- Weatherby Associates, Inc. v. Ballack (Fla. Dist. Ct. App. 2001)
- Pappalardo v. Richfield Hospitality Services, Inc. (Fla. Dist. Ct. App. 2001)
- Berman & Feldman v. Winn Dixie, Inc. (Fla. Dist. Ct. App. 1996)
- Westwood Community Two Ass'n v. Lewis (Fla. Dist. Ct. App. 1995)
- Fairview Properties v. Pate Const. Co. (Fla. Dist. Ct. App. 1994)
- Muckerman v. Burris (Fla. Dist. Ct. App. 1990)
- Amey, Inc., and John C. Amis, Jr. v. Gulf Abstract & Title, Inc., Amey, Inc., and John C. Amis, Jr. v. Gulf Abstract & Title, Inc. (11th Cir. 1985)
- Ferrara v. Caves (Fla. Dist. Ct. App. 1985)
- Holland International, Inc. v. Pollack (Fla. Dist. Ct. App. 1985)
- O'BRIEN v. Brickell Townhouse, Inc. (Fla. Dist. Ct. App. 1984)
- Wise v. Simon (Fla. Dist. Ct. App. 1984)
- Fox v. Loeffler (Fla. Dist. Ct. App. 1983)
- Mears v. Hissom (Fla. Dist. Ct. App. 1983)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Clara STROTHMAN, Appellant,
v.
HENDERSON MENTAL HEALTH CENTER, INC., a/K/a Henderson Mental Health Clinic, a Florida Non-Profit Organization, Appellee.
District Court of Appeal of Florida, Fourth District.
Steven D. Rubin of Weisman & Douglas, P.A., Pompano Beach, for appellant.
Patrick L. Bailey of Sullivan, Ranaghan, Bailey & Gleason, P.A., Pompano Beach, for appellee.
ANSTEAD, Judge.
The award of attorney's fees to appellee pursuant to the provisions of section 57.105, Florida Statutes (1982) is hereby reversed. Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla. 1982). The mere failure of the appellant to state a cause of action in her original or amended pleadings was not sufficient, in and of itself, to support a finding that her claim was so lacking in merit as to justify the invocation of section 57.105.
We again caution trial courts in this district that before such an award may be made there must be a finding that the position advanced by the losing party is virtually frivolous, Whitten, at 505; and this finding must be predicated upon substantial competent evidence presented to the court at the hearing on attorney's fees *1186 or otherwise before the court and in the trial court record.
DELL and WALDEN, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.