MARC H. GOLD AND BARBARA A. GOLD, APPELLANTS,
v.
ROCKY RODRIGUEZ, AS BROWARD COUNTY PROPERTY APPRAISER, AND GAYLORD A. WOOD, JR., APPELLEES
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PER CURIAM.
This is an appeal from an order denying a motion for attorney’s fees and sanctions after a remand following an appeal in this court. See Markham v. Gold, 866 So. 2d 777 (Fla. 4th DCA 2004). We hold that the trial judge did not abuse her discretion in finding that the property appraiser’s attorney’s conduct in connection with false and frivolous allegations contained in an amended complaint was not sufficiently egregious to merit the imposition of sanctions against him. See Moakley v. Smallwood, 826 So. 2d 221 (Fla.2002); Bitterman v. Bitterman, 714 So. 2d 356 (Fla.1998). The trial court declined to find that the attorney acted “in bad faith, vexatiously, wantonly, or for oppressive reasons.” Moakley, 826 So. 2d at 224; Bitterman, 714 So. 2d at 365. Based on the record before us, we cannot conclude that the trial court committed legal error. Consequently, the outcome of the matter was properly reposed in the court’s discretion.
Affirmed.
STEVENSON, C.J., POLEN and SHAHOOD, JJ., concur.
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Shniderman v. Fitness Innovations & Techs., Inc., 994 So. 2d 508 (Fla. 4th DCA 2008)…overy against Shniderman ($124,869.25), for a total judgment of $208,927.82. A trial judge’s decision to impose sanctions against an attorney for bad faith litigation conduct is reviewed under an abuse of discretion standard. See Gold v. Rodriguez, 914 So. 2d 528 (Fla. 4th DCA 2005). The Supreme Court has written that this deferential standard of appellate review is appropriate because the trial judge “sees the parties first-hand and is more fully informed of the situation” regarding a noncompliance with pro…
Authorities Cited
- Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002)
- Bitterman v. Anette Bitterman, 714 So. 2d 356 (Fla. 1998)
- Hilton Williams v. State, 866 So. 2d 777 (Fla. 1st DCA 2004)
- Markham v. Gold, 866 So. 2d 777 (Fla. 4th DCA 2004)