Misuse of Legal Procedure in Florida
Misuse of legal procedure describes the intentional perversion of court processes, filings, or discovery tools to achieve objectives unrelated to the legitimate purpose of the proceeding. Florida law provides both defensive and offensive remedies for parties targeted by this conduct.
Statutory Protections
Florida Statute Section 57.105 authorizes courts to impose sanctions, including reasonable attorney's fees, against parties and attorneys who pursue frivolous claims or defenses. Section 48.23 allows property owners to petition for discharge of a lis pendens filed without a legitimate basis. The Florida Anti-SLAPP statute (Section 768.295) provides expedited dismissal of lawsuits targeting constitutionally protected speech and petitioning activity.
Civil Remedies
Beyond statutory protections, victims of process misuse can file an independent tort action for abuse of process. Successful plaintiffs may recover compensatory damages for attorney's fees, lost business, and emotional distress, as well as punitive damages in cases involving willful or outrageous conduct under Florida Statute Section 768.72.
Related Terms
- Abuse of Process
- Anti-SLAPP Motion
- Frivolous Lawsuit
Barnes Walker Litigation
Barnes Walker defends clients against frivolous litigation and prosecutes abuse of process claims throughout the Gulf Coast. Contact us for strategic guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC