MATTE v. CAPLAN

No. 4D13-1903.

140 So.3d 686 (2014)

Michael MATTE, Appellant, v. Stacey CAPLAN, Quepasa Corporation, and Meetme, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

June 11, 2014.


Attorney(s) appearing for the Case

Bryan J. Yarnell and Irwin R. Gilbert of Gilbert Yarnell, Palm Beach Gardens, for appellant.

Cathleen Scott and Lindsey Wagner of Cathleen Scott & Associates, P.A., Jupiter, for appellee Stacey Caplan.


WARNER, J.

Believing that the complaint filed against him was improper, the appellant sought attorney's fees pursuant to section 57.105, Florida Statutes (2013). In accordance with the procedure set forth in section 57.105(4), appellant served a motion to dismiss on appellee/plaintiff's counsel twenty-one days prior to filing his motion to dismiss the complaint and motion for attorney's fees. Appellee did not dismiss the complaint until after that time. Nevertheless...

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