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Posted over 5 years ago.

Thanks for your input. The Florida Statute was created to prevent frivolous lawsuits from " clogging up " the Justice System and the Courts. This Plaintiff has abandoned his claim after I had spent money on attorney's fees, it was willful and careless. So I believe the 57.105 applies greatly to my case. Can I file it myself?

Jonathan Hayes Groff
Jonathan Hayes Groff, Personal Injury Lawyer - Miami, FL
Posted over 5 years ago.

Yes. In Florida as long as you are not a corporation you can represent yourself. If case is still open, you can file the motion with a statement of facts with supporting documentation including affidavits. If case already dismissed it will be harder because there are deadlines for post dismissal motions and you will need to petition court to reopen case for the limited purpose of reconsidering your petition. One reason to hire a lawyer is complying with Fla. Rules of Civ. Pro., concerning filing of motion, affidavits, notice requirements, but you can do it. Question: before going through all this, are you confidant the other party is collectible if you win? Collecting judgements in Fla is not easy. Good luck.