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AVEMCO INS. CO. v. TOBIN

Nos. 96-0029, 96-0050.

711 So.2d 128 (1998)

AVEMCO INSURANCE COMPANY, a Maryland Insurance Company, and Piper Acceptance Corporation, Appellants, v. Michael TOBIN, Franklyn Levenson, and Plane Adds, Inc., d/b/a Kittyhawk Flight School, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 25, 1998.

Attorney(s) appearing for the Case

Cecile Hatfield of The Law Office of Cecile Hatfield, Miami, for Appellant Avemco Ins. Co.

Kevin C. Knowlton and Abel A. Putnam of Peterson & Myers, P.A., Lakeland, for Appellant Piper Acceptance Corp.

H.T. Maloney of Patterson & Maloney, Fort Lauderdale, for Appellees Tobin and Levenson.

FARMER, Judge.

The discrete issue raised on this appeal is whether a lawyer can be held liable for attorney's fees under section 57.105 for maintaining a frivolous, bad faith position in a civil case, where the lawyer's client in the action is not also held liable for such fees. Under the circumstances of this case, we hold that the lawyer could be made solely liable for fees incurred by adverse parties arising from frivolous positions taken by the lawyer on his own...

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