JENNINGS L. HURT, III, ESQUIRE
v.
LAURIE JOHNSON, ORLANDO REGIONAL MEDICAL CENTER, ORLANDO REGIONAL HEALTHCARE SYSTEMS, INC.,
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Attorney Jennings L. Hurt, III appeals a trial court order imposing monetary sanctions against him. The court affirms the sanctions order, finding no abuse of discretion or due process violation, and also affirms the trial court's decision to limit sanctions to trial costs rather than attorney's fees. The court dismisses the cross-appeal's challenge to a separate sanctions motion against ORMC for lack of jurisdiction.
The trial court did not abuse its discretion in imposing the sanctions order against Hurt or in limiting the sanctions to trial costs rather than attorney's fees. The appellate court lacks jurisdiction to review on cross-appeal a distinct and separate appealable order regarding sanctions against ORMC.
[1] An order imposing monetary sanctions on trial counsel, directing payment by a date certain, is a final order for purposes of appeal.
[2] Appellate review of a final order imposing monetary sanctions on counsel must be sought within thirty days of the order's entry.
Previewing 2 of 4 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“It is not [ ] the function of a cross appeal to seek review of a distinct and separate appealable order which does not otherwise 'merge' into the order or orders from which the main appeal is taken.”
Establishes the jurisdictional limitation on cross-appeals, supporting the dismissal of the portion challenging the separate ORMC sanctions motion.
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Join FLexlaw to unlock all legal intelligenceAttorney Hurt was sanctioned by the trial court in a case involving plaintiff Laurie Johnson and Orlando Regional Medical Center. The trial court impo…
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NARDELLA, J.
Attorney Jennings L. Hurt, III (“Hurt”) appeals a final order imposing monetary sanctions against him.1 Finding no abuse of discretion and no violation of due process, we affirm the trial court’s order. Plaintiff, Laurie Johnson (“Johnson”)
cross-appeals, raising two issues. First, Johnson contends that the trial court erred by ordering Hurt to pay only certain trial costs but not her attorney’s fees. As to this issue, we also find that the trial court did not abuse its discretion in limiting the sanctions to trial costs and affirm. Second, Johnson contends that the trial court erred by denying a separate motion requesting sanctions against Orlando Regional Medical Center (“ORMC”). As to this issue, ORMC correctly argues that this court lacks jurisdiction. Accordingly, we dismiss this portion of the cross-appeal. See Breakstone v. Baron’s of Surfside Inc., 528 So. 2d 437, 439 (Fla. 3d DCA 1988) (“It is not [ ] the function of a cross appeal to seek review of a distinct and separate appealable order which does not otherwise ‘merge’ into the order or orders from which the main appeal is taken.”).
AFFIRM appeal and portion of cross-appeal; DISMISS portion of cross-appeal.
WOZNIAK and SMITH, JJ., concur. Dinah S. Stein and Gary Magnarini, of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, for Appellant/Cross-Appellee, Jennings L. Hurt, III, Esquire.
Victor H. Womack, of Victor H. Womack, P.A., Miami, and Philip M. Burlington and Jeffrey V. Mansell, of Burlington & Rockenbach, P.A., West Palm Beach, for Appellee/Cross-Appellee, Laurie Johnson.
No Appearance for Appellees, Orlando Regional Medical Center, Orlando Regional Healthcare Systems, Inc., and Howard Smith, M.D.
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Citator
Authorities Cited
- Breakstone v. Baron's OF Surfside, Inc., 528 So. 2d 437 (Fla. 3d DCA 1988)