REQUEST TO TAKE JUDICIAL NOTICE OF AN OUT-OF-STATE OPINION FOR PURPOSES OF IMPEACHMENT WERE NOT CLAIMS OR DEFENSES DEVOID OF LEGAL MERIT UNDER §57.105, AND DID NOT CREATE AN ENTITLEMENT TO ATTORNEY’S FEES
Gilligan, Gooding, Batsel & Anderson, P.A. v. Condor Aerial, LLC, 46 Fla. L. Weekly D267 (Fla. 1st DCA January 29, 2021):
The appellant and his law firm asked the trial judge multiple times to take judicial notice of an unpublished appellate opinion from an out-of-state case involving appellee.
The case began with a contract dispute, and a question arose about the appellee’s CEO’s prior out-of-state felony conviction. Appellants had information that was contrary to what appellees presented about that conviction.
The appellants asked the trial judge multiple times to take judicial notice of the out-of-state opinion until the appellee moved for sanctions under §57.105, arguing that the request constituted improper impeachment, and had no basis in law or fact.
The appellants argued that the requests were not claims or defenses within the meaning of §57.105, and also asserted that their requests were not devoid of legal merit because there was a good argument that the opinion could be used to impeach the testimony about the felony conviction. The court agreed and reversed the award of §57.105 fees.