STRAUB
v.
HENDERSON, MARGARET MCSHANE REVOCABLE TRUST
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The Florida Second District Court of Appeal affirmed the lower court decision in this case involving Straub v. Henderson, Margaret McShane Revocable Trust. The opinion is a brief per curiam affirmance that cites recent cases addressing the misuse of artificial intelligence and fabricated case citations in legal filings.
The court affirmed the lower court decision. The opinion emphasizes the serious problem of fabricated case citations and reliance on generative AI in legal filings as an abuse of the adversary system.
[1] Relying on generative artificial intelligence that produces fake or hallucinated case citations in court filings is an abuse of the adversary system.
[2] Attorneys and pro se litigants have a duty to ensure that case citations in their filings are accurate and that the cited cases exist and support the propositions asserte…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[T]he dangers of relying on generative artificial intelligence have been discussed in the media, in legal publications, and in court opinions.”
Establishes the growing judicial awareness of AI dangers in legal practice
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe opinion does not provide specific facts about the underlying case. It appears to be a short affirmance with citations to other cases addressing br…
The full statement of facts, procedural history, and disposition for this case are member content.
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DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
CHRISTOPHER STRAUB,
Appellant,
v. MELISSA HENDERSON, as Successor Trustee of the Margaret McShane Revocable Trust Dated March 24, 2016,
Appellee.
No. 2D2025-1787
February 25, 2026
Appeal from the Circuit Court for Hillsborough County; Emily A. Peacock, Judge.
Christopher Straub, pro se.
Marc C. Mann of Berlin Patten Ebling PLLC, Tampa, for Appellee.
PER CURIAM.
Affirmed. See Clerk of Ct. & Comptroller for 13th Jud. Cir., Hillsborough Cnty. v. Rangel, No. 2D2024-1772, 2025 WL 2486314, at *2 (Fla. 2d DCA Aug. 29, 2025) ("[T]he dangers of relying on generative artificial intelligence have been discussed in the media, in legal publications, and in court opinions."); Takefman v. Pickleball Club, LLC, 418 So. 3d 826, 827 (Fla. 3d DCA 2025) ("We write, however, to address
an issue of growing concern—the proliferation of fake or hallucinated case citations in court filings. . . . Opposing counsel, and the court, should not have to parse case citations and parentheticals to discern whether cases exist, and if so, if they stand for the propositions asserted."), reh'g denied (Sept. 11, 2025); Goya v. Hayashida, 418 So. 3d 652, 655 (Fla. 4th DCA 2025) ("An attempt to persuade a court or oppose an adversary by relying on fake opinions is an abuse of the adversary system." (quoting Park v. Kim, 91 F. 4th 610, 615 (2d Cir. 2024))); see also Gutierrez v. Gutierrez, 399 So. 3d 1185, 1187-88 (Fla. 3d DCA 2024) (dismissing pro se appellant's appeal and imposing sanctions for filing briefs that contained "fictitious and nonexistent case law").
LUCAS, C.J., and NORTHCUTT and ATKINSON, JJ., Concur. Opinion subject to revision prior to official publication.