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928 So. 2d 383

Docket No. 1D05-1188.

Dunn v. Kean

Darrell DUNN, Appellant, v. Mona Lisa KEAN, Appellee.

District Court of Appeal of Florida

Decided March 14, 2006.

Rehearing Denied May 18, 2006.

District Court of Appeal of Florida · decided 2006-03-14

Cited by 3 later decisions — most recently February 2008

3 state decisions

Relies on 876 So. 2d 649 - Churchville v. Ocean Grove RV Sales, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 2006-03-14

View the full empirical analysis of this case →

¶1Appellant, Pro Se.

¶2Claire A. Duchemin, Esquire, of Claire A. Duchemin, P.A., Tallahassee, for Appellee.

¶3PER CURIAM.

¶4Discontent with the administration of their mother's probate estate, Appellant and his brother turn to this court for at least the tenth time. All of the issues raised in this appeal are again without merit, and the trial court is affirmed without further discussion.

¶5Appellee moves for attorney's fees pursuant to section 57.105, Florida Statutes (2005), which enables this court to sanction Appellant with fees if he knew or should have known his claims were legally and factually without merit. See Churchville v. Ocean Grove R.V. Sales, Inc.,876 So.2d 649, 651 (Fla. 1st DCA 2004). Appellant should have known his claims were legally and factually without merit.

¶6The majority of the issues in this appeal have already been heard and decided by this court. The issues not previously decided are nothing more than mere expressions of Appellant's dissatisfaction with the trial court's exercise of its discretion. Unfortunately, Appellant's dissatisfaction is not accompanied by any legal basis as to how the court abused its discretion. Accordingly, we grant Appellee's motion for attorney's fees pursuant to section 57.105 and remand to the trial court to determine the amount.

¶7AFFIRMED and REMANDED.

¶8BARFIELD, WOLF, and HAWKES, JJ., concur.

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