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HAMPTON v. CALE OF FORT MYERS, INC.

No. 4D06-3762.

964 So.2d 822 (2007)

Robert HAMPTON d/b/a Bob's Auto Parts, Irwin R. Gilbert, Esquire and the Law Firm of Gilbert & Associates, P.A., d/b/a Gilbert & Associates, Appellants, v. CALE OF FORT MYERS, INC., d/b/a Kirby's Auto Supply, Parts Depot Co., L.P., Parts Depot, Inc., Edward W. Hendricks, Espinosa Auto Parts, Inc. and John Espinosa, Appellees.

District Court of Appeal of Florida, Fourth District.

September 19, 2007.

Attorney(s) appearing for the Case

Irwin R. Gilbert of Gilbert, Eavenson & Kairalla, Palm Beach Gardens, for appellants.

John R. Hamilton of Foley & Lardner, LLP, Orlando, and Thomas F. Munro, II of Foley & Lardner, LLP, Tampa, for appellees Congress Auto Parts and John Espinosa.

KLEIN, J.

This is an appeal from an order awarding attorney's fees under section 57.105, Florida Statutes. We conclude that the trial court did not abuse its discretion in awarding fees, and hold that a 2002 amendment to section 57.105, which requires twenty-one days' notice to the non-moving party to withdraw a challenged claim or defense, is not retroactive.

Plaintiff Hampton d/b/a Bob's Auto Parts (Hampton), filed this lawsuit alleging a conspiracy in restraint...

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