I'm not a big fan of 57.105 motions -- you've already won, the case is dead, and now you want that extra pound of flesh?
Let it go.
And there can certainly be times when something is so frivolous that a motion for fees is appropriate -- but simply winning the case should not qualify.
That's pretty much the situation here:
The fact that the trial court determined, via summary judgment, that Phillips was entitled to qualified immunity, does not necessarily mean that Garcia’s malicious prosecution claim lacked factual support—and was therefore sanctionable—under section 57.105. . . .The record supports the trial court’s conclusion that Phillips did not establish that Garcia’s malicious prosecution claim was meritless; Phillips simply proved that, in this instance, she was able to avoid Garcia’s claim by successfully advancing her immunity defense.Time to move for rehearing?