Neither Rule 11 nor Fla. Stat. 57.105 are used with any frequency. Nevertheless, their use is appropriate when actions are either brought for improper purposes or are conducted in such a manner as to constitute nothing more than harassment or delay. The Courts of Florida are undergoing a budgetary crisis. Litigation has not slowed down despite the lack of Courts and ancillary personnel to handle that litigation. As the complexity of litigation increases, the temptation to “stonewall” in discovery and interpose pleadings and motions for delay increases dramatically. Both Florida and Federal Courts have a means at their disposal to make the use of those tactics dangerous and unrewarding.
Originally published in December 2008