JEFFREY B. LATHE, PETITIONER,
v.
FLORIDA SELECT CITRUS, INC., ET AL., RESPONDENT
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An attorney who falsely told a trial court that he was ordered to appear before another judge to avoid a deposition was ordered to pay opposing counsel's attorney's fees. The court held that trial courts have inherent authority to order attorneys to pay opposing counsel's reasonable attorney's fees resulting from bad faith actions, without first holding a contempt proceeding.
A trial court has inherent authority to order an attorney, who is an officer of the court, to pay opposing counsel's reasonable attorney's fees incurred as a result of his or her bad faith actions, without first finding the attorney in contempt. The attorney was provided adequate due process through notice and an opportunity to object and present mitigating evidence.
[1] A trial court possesses inherent authority to order an attorney to pay opposing counsel's reasonable attorney's fees incurred due to the attorney's bad faith actions.
[2] An attorney's false statement to a court regarding a scheduling conflict, when verified to be untrue, can constitute bad faith warranting sanctions.
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“A trial court has inherent authority to order an attorney, who is an officer of the court, to pay opposing counsel's reasonable attorney's fees incurred as a result of his or her actions taken in bad faith.”
Establishes the core legal principle that courts may impose fee sanctions without a contempt finding based on inherent authority over officers of the court.
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Join FLexlaw to unlock all legal intelligenceJeffrey Lathe, an attorney representing defendants, failed to appear for a court-ordered deposition. At a hearing on the plaintiff's motion for sancti…
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DAUKSCH, J.
Jeffrey Lathe, an attorney representing the defendants below, failed to appear for a deposition scheduled by order of the trial court.
At the hearing on plaintiffs motion for sanctions, Lathe stated that he had been ordered to appear before another judge at the time of the scheduled deposition. The trial judge directed Lathe to provide the name of the judge or judicial assistant who required his presence and the case name and number. Lathe was specifically advised the information would be verified. When the information provided by Lathe proved to be false, a hearing was held and Lathe was ordered to pay plaintiffs attorney’s fees in the sum of $7,225.40. He now seeks certiorari review of the trial court’s order. Lathe doesn’t deny that he lied to the trial court. Instead, he argues that the trial court could not order him to pay attorney’s fees without first finding him in contempt. He is wrong. A trial court has inherent authority to order an attorney, who is an officer of the court, to pay opposing counsel’s reasonable attorney’s fees incurred as a result of his or her actions taken in bad faith. See, e.g., U.S. Savings Bank v. Pittman, 80 Fla. 423, 86 So. 567 (Fla.1920) (attorney who wrongfully obtained decree for sole purpose of paying his fee properly charged with opposing counsel’s fees); Smallwood v. Perez, 717 So. 2d 154 (Fla. 3d DCA 1998) (courts have inherent power to assess attorney’s fees against counsel for litigating in bad faith, although caution must be exercised and due process satisfied).
Lathe had notice and an opportunity to object to sanctions and provide mitigating evidence. It takes chutzpah to admit to lying to a court and yet still seek review of an order imposing sanctions. The petition for writ of certiorari is denied.
PETITION DENIED.
GRIFFIN, C.J., and HARRIS, J., concur.
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Citator
Cited By
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Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002)…the proposition that the trial court had inherent authority to assess attorneys’ fees against counsel who did not attend a mediation and advised his clients that they also did not have to attend). Similarly, in Lathe v. Florida Select Citrus, Inc., 721 So. 2d 1247, 1247 (Fla. 5th DCA 1998), the Fifth District upheld the imposition of attorneys’ fees against an attorney who lied to the trial court after he failed to appear for a deposition. The Fifth District observed that the attorney did not deny that he lie…
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THE Florida BAR v. Lathe, 774 So. 2d 675 (Fla. 2000)…ound that Lathe’s assertions were not true and ordered Lathe to pay the plaintiffs attorney’s fees in the amount of $7,225.40. The [*677] Fifth District Court of Appeal affirmed the award of attorney’s fees. See Lathe v. Florida Select Citrus, Inc., 721 So. 2d 1247 (Fla. 5th DCA 1998). Lathe failed to pay the sanction until Judge Lockett held him in contempt of court and ordered his incarceration.1 On May 12, 1999, the Bar filed its complaint against Lathe attaching copies of (1) Lathe’s letter to Judge Locke…
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Am. Gen. Life & Accident Ins. Co. v. Spurlock, 821 So. 2d 1132 (Fla. 2d DCA 2002)…oadway Express, Inc. v. Piper, 447 U.S. 752, 765, 100 S.Ct. 2455, 65 L.Ed.2d 488 (1980) (holding that in narrowly defined circumstances federal courts have inherent power to assess attorney’s fees against counsel); Lathe v. Fla. Select Citrus, Inc., 721 So. 2d 1247, 1247 (Fla. 5th DCA 1998) (holding that trial court has inherent authority to order an attorney, who is an officer of court, to pay opposing counsel’s reasonable attorney’s [*1134] fees incurred as result of action taken by attorney in bad faith); S…
Authorities Cited
- United States Sav. Bank v. Pittman, 80 Fla. 423 (Fla. 1920)
- Fields v. State, 717 So. 2d 154 (Fla. 5th DCA 1998)