South Wild Olive, LLC v. Total Maintenance Services, LLC
An unlicensed contractor sued for breach of contract and to foreclose a construction lien; the homeowner sought section 57.105 sanctions after showing counsel knew the contractor was unlicensed at contract formation. The trial court denied sanctions, reasoning the owner's knowledge of the lack of licensure gave the contractor a colorable basis. The Fifth DCA reversed, holding that under section 489.128 and Earth Trades the owner's knowledge is legally irrelevant, and later licensure is likewise irrelevant, so counsel knew or should have known the claim and defense were unsupported by then-existing law, making a fee award mandatory as to the law firm.
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