VERONICA J. HARRELSON, APPELLANT,
v.
JOYCE L. HENSLEY, APPELLEE

Fla. 5th DCA | 2005-01-28
No. 5D04-1946
THOMPSON and ORFINGER, JJ., concur.
891 So. 2d 635 Florida District Court of Appeal, Fifth District (2005) Positive Treatment
Cited by 9 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In this appellate sanctions case, the Florida District Court of Appeal, Fifth District, imposed sanctions against Veronica Harrelson for willfully failing to attend a court-ordered mediation conference without good cause or prior court excuse. The court denied sanctions against Harrelson's attorney, finding no evidence of counsel's participation in the decision to skip mediation.


Holding

The court granted sanctions against Harrelson for willfully violating the mediation order, requiring her to pay mediator fees, Hensley's reasonable attorney's fees and costs, and a $500 sanction to the court. The court denied sanctions against Harrelson's counsel, finding no evidence that counsel encouraged or participated in Harrelson's decision not to attend.


Headnotes

[1] A party's failure to attend a court-ordered mediation conference without good cause may result in the imposition of sanctions.

[2] A party must show good cause to be excused from attending a court-ordered mediation conference.

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Key Quotes

“parties with full settlement authority ... are required to attend mediation in person unless excused by the court”

Establishes the court's mandatory attendance requirement for parties in appellate mediation

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Facts & Procedural History

This court issued an order referring the case to mediation, requiring parties with full settlement authority to attend in person unless excused by the…

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Opinion of the Court
PALMER, J.

PALMER, J.

Joyce L. Hensley has filed a motion for sanctions against Veronica J. Harrelson and Harrelson’s attorney citing to Harrel-son’s-failure to attend a court-ordered mediation conference-and otherwise comply with this court’s appellate mediation program procedures. Concluding that Har-relson has failed to show good cause why sanctions should not be imposed against her, the motion for sanctions is granted and Harrelson is ordered to pay sanctions as outlined herein. However, Hensley’s motion for sanctions against Harrelson’s counsel is denied.

The trial court order being appealed in this case is an order granting attorney’s fees pursuant to section 57.105 of the Florida Statutes against Harrelson and her counsel. This court entered-an order referring the case to mediation. The order stated, among other things, .that “parties with full settlement authority ... are required to attend mediation in person unless excused by the court.” The order further provided that “failure of. an attorney or party to appear for a duly scheduled mediation conference or ..otherwise comply with appellate mediation program procedures, without good causé, may result in the imposition of sanctions by this court, ... ”

Pursuant to the order, the parties jointly selected a mediator and a mediation conference was scheduled. However, on the morning of the mediation conference, Har-relson’s counsel contacted opposing counsel to advise that Harrelson would not attend the mediation conference. No motion to be excused from the mediation was filed. The mediation conference went forward with Hensley, Hensley’s counsel, and Harrelson’s counsel, but without Harrelson in attendance.

Subsequent to the mediation, Hensley filed a motion with this court seeking the imposition of sanctions against Harrelson and Harrelson’s counsel for willful violation of the court’s referral order. In her response to the motion for sanctions, Har-relson provided no good cause for her failure to attend mediation, instead simply contending that she “has been so disturbed by the obnoxious conduct of Hensley’s counsel that she has become uncommunicative and willing only to allow counsel to continue to pursue her interests in this matter without her active involvement.” On this record, the granting of sanctions against Harrelson is appropriate.

At the same time, the motion and response filed with this court do not indicate that Harrelson’s counsel encouraged or otherwise participated in Harrelson’s decision not to attend the court-ordered mediation. Accordingly, the imposition of sanctions against counsel is not warranted.

Veronica J. Harrelson is hereby ordered to pay the following amounts as sanctions within 30-days from the date of -this opinion:

1. All fees charged by the mediator in connection with this appellate mediation;

2. Hensley’s reasonable attorney’s fees and costs incurred in preparing for and attending the appellate mediation and filing the motion for sanctions; and,

3. Five hundred dollars ($500.00) payable to the clerk of this court as a sanction for her willful failure to comply with this court’s mediation order. We conclude by noting that, if the parties cannot agree on the reasonable amount of costs and attorney’s fees, the trial judge in this matter is hereby appointed as a commissioner to conduct an evidentiary hearing and determine the reasonable amount of those fees and costs. Any dispute over the reasonable amount of attorney’s fees and costs shall not delay Harrelson’s obligation to timely pay the items set forth in paragraphs 1 and 3 above. The failure to make these payments may result in further sanctions by this court, including dismissal of the appeal, and additional attorney’s fees.

MOTION GRANTED; SANCTIONS IMPOSED.

THOMPSON and ORFINGER, JJ., concur.


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Citator

Cited By

  • Carden & Assocs., Inc. v. C.O.D. Trees P'ship, 83 So. 3d 862 (Fla. 5th DCA 2012)
    …2001). The fact that Carbino involved a trial mediation, rather than an appellate mediation, is of no relevance since the appearance language in the applicable rules are identical. [*863] See Fla. R. Civ. P. 1.720(b). See also Harrelson v. Hensley, 891 So. 2d 635 (Fla. 5th DCA 2005). Accordingly, we grant the motion for sanctions. Carden and Hollister are hereby ordered to pay the following amounts as sanctions within 80 days from the date of this opinion: (1) all fees charged by the mediator in connection…
  • Juliette A. Holler v. Evelio de Hoyos, 898 So. 2d 1216 (Fla. 5th DCA 2005)
    …her absence. However, this court does have the authority to impose sanctions against Elin De Hoyos for her failure to attend the mediation and, on this record, the granting of sanctions against Elin De Hoyos is appropriate. See Harrelson v. Hensley, 891 So. 2d 635 (Fla. 5th DCA 2005). Accordingly, Elin De Hoyos is hereby ordered to pay the following amounts as sanctions within 30 days from the date of this opinion: 1. To the mediator, all fees charged by the mediator in connection with this appellate mediat…
  • Hernando Cnty. Sch. Bd. v. Nazar, 920 So. 2d 794 (Fla. 5th DCA 2006)
    …excused from appearing, or to show good cause for their failure to appear at the mediation, imposition of sanctions are appropriate against both Paul Nazar and Capua. See Holler v. De Hoyos, 898 So. 2d 1216 (Fla. 5th DCA 2005); Harrelson v. Hensley, 891 So. 2d 635 (Fla. 5th DCA 2005). Accordingly, Paul Nazar and Capua are hereby each ordered to pay fifty percent of the following amounts as sanctions within 30 days from the date of this opinion: 1) all fees charged by the mediator in connection with this appe…

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