STEVEN R. SATRAN AND PETCO ANIMAL SUPPLIES, INC., APPELLANTS,
v.
ALEX MARTINEZ, APPELLEE
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In this appellate mediation case, the court addressed whether sanctions should be imposed on Satran for failing to personally appear at a court-ordered appellate mediation, despite his employer Petco's belief that his presence was unnecessary. The court found the violation was not willful and dismissed the appeal based on the parties' settlement without imposing sanctions.
Although Satran violated the court's Order of Referral to Mediation by failing to appear personally, the violation was not willful, and therefore sanctions are not appropriate. The appeal is dismissed based on the parties' mediated settlement.
[1] A party's failure to personally appear at a scheduled appellate mediation, as ordered by the court, constitutes a violation of the court's order.
[2] A party may file a motion to be excused from attending mediation prior to the scheduled mediation date.
Previewing 2 of 5 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“Despite Petco's belief that Satran's appearance at mediation was not essential to the mediation process, his failure to appear was, in fact, in violation of the terms of this court's Order of Referral to Mediation.”
Establishes that regardless of Petco's judgment, the court order requiring personal appearance was objectively violated.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSatran, a former Petco employee, was operating a company vehicle when involved in a vehicular accident. Petco provided the legal defense and was respo…
The full statement of facts, procedural history, and disposition for this case are member content.
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PALMER, C.J.
The instant lawsuit arose out of circumstances resulting from a vehicular accident. Satran is a former employee of Petco Animal Supplies, Inc., and he was operating a Petco-owned vehicle at the time of the accident. Liability was not contested at the trial and Satran did not attend the trial. Petco provided the de fense for the action and was responsible for satisfying' any judgment or settlement related thereto. Petco appealed the final judgment. The appeal was referred to mediation by order of this court.
Petco provided a representative at the appellate mediation and took the position that the representative’s presence satisfied the requirement that the parties appear in person and thus it was unnecessary for Satran, who apparently lives out of state, to appear. Appellee’s counsel objected to the mediation proceeding due to Satran’s absence. However, the parties entered into settlement negotiations with the assistance of the mediator and the case was settled.
This court issued a rule to show cause directed to Steven R. Satran, instructing Satran to explain why sanctions should not be imposed against him for his failure to comply with this court’s Order of Referral to Mediation. Satran filed a response in which he apologized to the court for failing to appear at the scheduled mediation and explained that such failure was the result of Petco’s belief that his attendance was not required because of the unique factual circumstances of this case. Satran stated that his violation of the court order was not willful.
Despite Petco’s belief that Satran’s appearance at mediation was not essential to the mediation process, his failure to appear was, in fact, in violation of the terms of this court’s Order of Referral to Mediation. Said order had instructed Satran to personally appear at a scheduled appellate mediation. A motion to excuse Satran from attending mediation could have been filed prior to the mediation and, under the facts of this case, may very well have been granted. Notwithstanding our conclusion that Satran violated this court’s Order of Referral to Mediation, we conclude that the violation was not willful and, therefore, the imposition of sanctions is not appropriate. Accordingly, the instant appeal is dismissed based upon the parties’ mediated settlement without the imposition of sanctions.
ACTION DISMISSED, NO SANCTIONS IMPOSED.
PLEUS and MONACO, JJ., concur.