Reznek v. Chase Home Finance, decided Dec. 10 by the Third District Court of Appeal, is an interesting case that deals with and clarifies the filing and use of an appellate Fla. Stat. §57.105(4) motion in conjunction with Fla. R. of App. P. 9.410(b)(3) and (b)(4). It also explains when a court may appropriately strike a §57.105 motion.

Miami-Dade Circuit Judge Spencer Eig denied appellant Dorit Reznek’s motion for entitlement to attorney fees and costs in a mortgage foreclosure case. Reznek appealed Eig’s denial.