Judge Awards Fees and Costs to McCumber Daniels’ DON Client under Florida Statute 57.105 for Having to Defend Frivolous Claim
McCumber Daniels Attorney Mark Hartig successfully sought and received an order awarding fees and costs for the defense of a Director of Nurses who was improperly named as a defendant in a lawsuit.
The DON was alleged to have committed negligence which resulted in the death of a claimant. In addition, the DON was alleged to control the nursing home for “all relevant times” of the claimant’s residency.
From the outset, McCumber Daniels aggressively sought the dismissal of the DON defendant. Despite numerous attempts to have the DON dropped without resorting to court intervention, the claimant attorneys refused to do so and even proceeded to take the DON’s deposition.
After the claimant finally voluntarily dismissed the claim against the DON days before a hearing on the DON’s motion for summary judgment, McCumber Daniels then proceeded with its motion for attorney’s fees and costs, pursuant to Florida Statutes Section 57.105 stating that the action against the DON was frivolous and the claimant and their attorney either knew or should have known the claim was without merit.
Judge Wayne Cobb of the Pasco Circuit Court agreed, ruling in the favor of the DON and ordering the DON’s attorney’s fees and costs to be paid by the claimant and their attorneys.
