BOCA INVESTORS GROUP, INC., APPELLANT,
v.
IRWIN POTASH, ET AL., APPELLEES
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This concurring opinion agrees with the affirmance of the trial court's judgment, finding that the litigation privilege bars tort claims, but elaborates on the privilege's application and the evolution of its legal test.
The litigation privilege, as recognized in Levin, bars the tort claims asserted by Boca Investors Group, Inc. against the defendants.
Boca Investors Group, Inc. asserted tort claims related to three lawsuits that remained pending in the trial court. The concurring opinion notes that …
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
The plaintiff, Boca Investors Group, Inc., appeals, from adverse final orders awarding the defendant, Richard Voell, attorney’s fees. We affirm finding that the trial court acted within its discretion to impose sanctions for willfully failing to comply. with discovery. Fla. R. Civ. P. 1.380(b); see Mercer v. Raine, 443 So. 2d 944 (Fla.1983); A Aaable Bail Bonds, Inc. v. Abel Bail Bonds, Inc., 626 So. 2d 1105 (Fla. 3d DCA 1993). Further, we find that the amount of fees awarded was reasonable.
Affirmed.
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Roco Tobacco (USA), Inc. v. Fla. DIV. OF Alcoholic Beverages, 934 So. 2d 479 (Fla. 3d DCA 2004)…d below, only attorneys’ fees award was appealable). With respect to the awards of attorneys fees, which were sought under Fla. R. Civ. P. 1.380(b), we review these awards under an abuse of discretion standard. Boca Investors Group, Inc. v. Potash, 832 So. 2d 197 (Fla. 3d DCA 2002), (citing Mercer v. Raine, 443 So. 2d 944 (Fla.1983)). Fla. R. Civ. P. 1.380(b), under which the State was proceeding at the March 2002 hearing, allows only for an award of “reasonable expenses caused by the failure ” of a party or…
Authorities Cited
- Mercer v. J.D. Raine, Sr., 443 So. 2d 944 (Fla. 1983)
- A Aaable Bail Bonds, Inc. v. Able Bail Bond, Inc., 626 So. 2d 1105 (Fla. 3d DCA 1993)