Third DCA Case: Judge Calls on Counsel to Show Cause Why He Should Not Be Sanctioned – Is Your Appeal Frivolous?
Are you considering appealing a client’s case in West Palm Beach or Miami-Dade County? Are you sure that the cause is merited and will not subject you to sanctions under Fla. Stat. 57.105? A recent per curiam appeal from the Third District Court of Appeals had quite the concurrence, where the Honorable Judge Shepherd had quite harsh words for Appellants counsel. Learn more below.
Fla. Stat. 57.105
- Fla. Stat. 57.105 applies throughout West Palm Beach litigation not just on appeal.
- It prevents counsel from bringing, maintaining or defending frivolous claims.
- Do you know what constitutes a frivolous claim?
- A similar sanctions statute exists in the federal system under Federal Rule of Civil Procedure 11.
- If you are found to be in breach of the statute what can happen?
- The court actually has an inherent right to sanction absent the statute but the courts of appeal have held that when a sanction is within the statute, the statute should be applied first rather than relying on inherent authority.
- The Court can order the attorney or their client to pay money sanctions either to the opposing counsel or more commonly the Court.
- Are you considering bringing a frivolous action?
- Do you think the other side does not have the guts to stand up to you and accuse you of sanction worth behavior?
- Watch out because this is not the only way you can get in trouble.
- As one litigant learned a few days ago, the Court can bring up these issues sua esponteor “on their own.”
- Check out what happened in the Third District Court of Appeal in Miami-Dade County.
Barnsdale Holdings LLLC v. PHH Mortgage Corp.
- This was a frivolous appeal, not much more I can say in that regard because the majority opinion is literally one sentence long.
- What was also included was a three page concurring opinion from Judge Shepherd.
- What was he so concerned about?
- He wanted to issue an order to show cause as to why the Appellant counsel should not be sanctioned under 57.105.
- Do you want to be called out on the public record by an Honorable Judge for the District Court of Appeals?
- Think carefully before you file that appeal and make sure you are doing it for the right reasons.
Want to learn more?
Check out the entire case by clicking here.