JONATHAN D. PATSY, APPELLANT,
v.
ROSANNE M. PATSY, APPELLEE
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An attorney appealed an order awarding attorney's fees and costs as sanctions for filing a frivolous motion to disqualify opposing counsel in bad faith. The Fourth District Court of Appeal affirmed, holding that trial courts possess inherent power to assess attorney's fees against counsel for litigating in bad faith, even absent a specific statute or rule authorizing such fees.
Trial courts possess inherent power to assess attorney's fees against counsel for litigating in bad faith, independent of any specific statute or rule authorization. The court affirmed the fee award against Meisler but reversed the portion making his professional association liable due to lack of findings regarding the association's bad faith.
[1] Courts possess inherent power to award attorney's fees against counsel as a sanction for litigating in bad faith, even in the absence of a specific statute or rule author…
[2] A trial court's inherent power to sanction bad faith litigation conduct may be exercised when statutory or rule-based remedies are inadequate.
Previewing 2 of 6 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“The fact that no statute or rule authorizes the imposition of attorney's fees against counsel for litigating in bad faith, however, does not preclude courts from doing so under the 'inherent power possessed by the courts.'”
Establishes the core holding that inherent power exists independently of statutory or rule authorization
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Join FLexlaw to unlock all legal intelligenceAttorney Michael C. Meisler represented the former husband in a modification proceeding and filed a motion to disqualify opposing counsel, alleging fr…
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KLEIN, Judge.
Michael C. Meisler appeals an order awarding attorney’s fees and costs against him, as counsel, as a sanction for filing a motion in bad faith. He argues that because there is no specific rule or statute authorizing an award of attorney’s fees for filing such a motion, we must reverse. We conclude that the trial court had the inherent power to do so.
In a modification proceeding in which he represented the former husband, Meisler filed a motion to disqualify opposing counsel on the ground that he had perpetrated a fraud on the court on two prior occasions. At Meisler’s request, based on the motion, the court stayed further proceedings until after it conducted an evidentiary hearing on the motion to disqualify. After hearing the evidence the trial court found that the motion had no factual basis, was filed solely to delay the proceedings, and was a sham. The court assessed attorney’s fees of $1,870 and costs.
Meisler appears to be correct in his arguments that there is no specific statute or rule of civil procedure which authorizes attorney’s fees to be assessed against him as a sanction for filing this motion.
Section 57.105, Florida Statutes (1993) authorizes the award of attorney’s fees where there is “a complete absence of a justiciable issue of either law or fact raised by the complaint or defense of the losing party,” but does not authorize attorney’s fees for filing a frivolous motion where the underlying action or defense is not frivolous. Muckenfuss v. Deltona Corp., 508 So. 2d 340 (Fla.1987).
Nor does Florida Rule of Civil Procedure 1.150, which provides for the striking of sham pleadings, contain any language authorizing the award of attorney’s fees. See Kirby v. Adkins, 582 So. 2d 1209 (Fla. 5th DCA 1991); Muckenfuss. There is also authority that a motion is not a pleading within the meaning of rule 1.150. Motzer v. Tanner, 561 So. 2d 1336 (Fla. 5th DCA 1990). Florida Rule of Civil Procedure 1.380(a)(4), which does authorize the sanction of attorney’s fees and costs, is limited to discovery abuse and is thus inapplicable.
Florida Rule of Judicial Administration 2.060 provides that a signature of an attorney constitutes a certificate that there is “good ground to support” a pleading or other paper; however, the only remedy provided in that rule is striking the pleading or paper.1
The fact that no statute or rule authorizes the imposition of attorney’s fees against counsel for litigating in bad faith, however, does not preclude courts from doing so under the “inherent power possessed by the courts.” Sanchez v. Sanchez, 435 So. 2d 347, 350 (Fla. 3d DCA 1983). See also Emerson Realty Group, Inc. v. Schanze, 572 So. 2d 942 (Fla. 5th DCA 1990). Other jurisdictions in which the courts have concluded that they have the inherent power to assess attorney’s fees for litigating in bad faith are collected in Attorney’s Liability Under State Law for Opposing Party’s Counsel Fees, 56 A.L.R.4th 486 (1987).
On the other hand, in Israel v. Lee, 470 So. 2d 861 (Fla. 2d DCA 1985), the trial court assessed attorney’s fees against counsel for refusing to comply with court orders and a subpoena, and the second district reversed, holding that in the absence of a contractual provision or a statute there was no authority to assess attorney’s fees against counsel. The court did not discuss the issue of whether counsel was acting in bad faith or if the court had the inherent power to assess fees.
Although Federal Rule of Civil Procedure 11 gives broader power to the federal courts to assess attorney’s fees as a sanction against counsel than is provided in the Florida Rules of Civil Procedure, the Supreme Court has held that federal courts also have the inherent power, apart from the authority contained in rules or statutes, to assess attorney’s fees against counsel who litigate in bad faith. Roadway Exp., Inc. v. Piper, 447 U.S. 752, 100 S.Ct. 2455, 65 L.Ed.2d 488 (1980). Roadway was followed by Chambers v. NAS-CO, Inc., 501 U.S. 32, 50, 111 S.Ct. 2123, 2136, 115 L.Ed.2d 27 (1991), in which the court explained:
A court must, of course, exercise caution in invoking its inherent power, and it must comply with the mandates of due process, both in determining that the requisite bad faith exists and in assessing fees ... Furthermore, when there is bad-faith conduct in the course of litigation that could be adequately sanctioned under the Rules, the court ordinarily should rely on the Rules rather than the inherent power. But if in the informed discretion of the court, neither the statute nor the Rules are up to the task, the court may safely rely on its inherent power. (Citations omitted).
Chambers extended Roadway, which involved sanctioning counsel, to sanctioning litigants who are in bad faith, an issue which was not involved, but was the subject of dicta in Roadway. Id. at 765-67, 100 S.Ct. at 2464. This court declined to adopt the Roadway dicta in regard to a litigant in Department of Revenue of State v. Arga, 420 So. 2d 323 (Fla. 4th DCA 1982). In Arga the trial court had assessed attorney’s fees against the Florida Department of Revenue for litigating in bad faith on the authority of Roadway. We noted in our reversal that the prevailing party was not asserting that it was entitled to fees under section 57.105, Florida Statutes, and that there was a difference between bad faith and the 57.105 standard.
Whether attorney’s fees can be assessed against a litigant is not in issue in the present case, and accordingly our reliance on Roadway and the quotation in Chambers is solely as authority for sanctioning counsel. Chambers has been cited by the third district as authority for assessing fees against a litigant, in Sheldon Greene and Associates, Inc. v. Williams Island Associates, Ltd., 592 So. 2d 307 (Fla. 3d DCA 1991).
We agree with Sanchez, Emerson, and Roadway that courts have the inherent power to assess attorney’s fees against counsel for litigating in bad faith. We therefore affirm the order awarding attorney’s fees and costs against Meisler. We reverse that portion of the order which makes Meisler’s professional association also liable, because the court made no finding of bad faith in regard to the professional association. Cf. Brignoli v. Balch Hardy & Scheinman, Inc., 735 F.Supp. 100 (S.D.N.Y.1990).
POLEN and PARIENTE, JJ., concur. . Appellate courts, by virtue of Florida Rule of Appellate Procedure 9.410, do have rule authority to impose sanctions against counsel, which include attorney’s fees, for “the filing of any proceeding, motion, brief, or other paper that is frivolous or in bad faith.”
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (21 total)
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Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002)…justice.”). Moreover, appellate decisions that have addressed this issue have recognized that trial courts must sparingly and cautiously exercise this inherent authority to award attorneys’ fees against an attorney. For example, in Patsy v. Patsy, 666 So. 2d 1045 (Fla. 4th DCA 1996), another post-judgment dissolution proceeding, the Fourth District affirmed an award of attorneys’ fees and costs against an attorney for the bad faith filing of a motion to disqualify counsel. The Fourth District recited the fac…
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Jackson v. Fla. Dep't OF Corr., 790 So. 2d 398 (Fla. 2001)…ent power to sanction a litigant who employs bad faith in filing frivolous pleadings despite any lack of specific statutory or rule authority); United States v. International Broth. of Teamsters, 948 F. 2d 1338 (2nd Cir.1991) (same); Patsy v. Patsy, 666 So. 2d 1045 (Fla. 4th DCA 1996) (same). Clearly, when a court sanctions a litigant for actions committed in its court, it is not charging or convicting the person of a violation of criminal or civil laws, it is merely enforcing its judicial authority. Therefore…
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Ines Collia Kelly v. Tworoger, 705 So. 2d 670 (Fla. 4th DCA 1998)…oral findings to support the award. See Blits v. Renaissance Cruises, Inc., 647 So. 2d 971 (Fla. 4th DCA 1994). Finally, we affirm the sanctions imposed against the Kellys’ attorney as being within the trial court’s discretion. See Patsy v. Patsy, 666 So. 2d 1045 (Fla. 4th DCA 1996). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. POLEN, J., concurs. KLEIN, J., concurs specially with opinion. . Foreign courts have held that actions for fraudulent concealment or misrepresentation in connection with a co…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roadway Express, Inc. v. Piper, 447 U.S. 752 (U.S. 1980)
- Chambers v. Nasco, Inc., 501 U.S. 32 (U.S. 1991)
- Muckenfuss v. Deltona Corp., 508 So. 2d 340 (Fla. 1987)
- Sanchez v. Sanchez, 435 So. 2d 347 (Fla. 3d DCA 1983)
- Israel v. Dayle T. LEE, 470 So. 2d 861 (Fla. 2d DCA 1985)
- Dep't OF Revenue OF the State of Fla. v. Arga Co., 420 So. 2d 323 (Fla. 4th DCA 1982)
- Kirby v. Adkins, 582 So. 2d 1209 (Fla. 5th DCA 1991)
- Motzer v. Tanner, 561 So. 2d 1336 (Fla. 5th DCA 1990)
- Emerson Realty Grp., Inc. v. Schanze, 572 So. 2d 942 (Fla. 5th DCA 1990)
- Fermin Zorilla & Wife v. Robbins, 592 So. 2d 307 (Fla. 3d DCA 1991)