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EFTA00613391
vided under Rule 1.190(a) and Florida case law, Dershowitz previously filed his First Amended Counterclaim (the operative counterclaim) as of right. Boca Burger, Inc. 6 EFTA00613396 v. Forum, 912 So.2d 561, 567 (Fla. 2005), as revised on denial of reh'g (Sept. 29, 2005). Therefore, this is the first time
EFTA02729378
r other paper that is frivolous or in bad faith." Fla. R. App. P. 9.410. Courts "should exercise great restraint in imposing appellate sanctions." Boca Burger, 912 So. 2d at 570-71. A petition is only "frivolous" if it "presents no justiciable question and is so devoid of merit on the face of the record th