KARLA MARADRIAGA, APPELLANT,
v.
7-ELEVEN AND KEMPER GROUP, APPELLEES
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The Florida First District Court of Appeal imposed sanctions against a party and her attorneys for pursuing a frivolous appeal of a non-final order from a Judge of Compensation Claims, and for failing to adequately respond to a show cause order regarding jurisdictional defects.
The court imposed attorneys' fees against both Appellant and her counsel under section 57.105(1)(b), finding that Appellant's attorneys demonstrated a pattern of ignorance regarding appellate procedure and case law by pursuing the appeal and inadequately responding to the show cause order. The matter was remanded for determination of a reasonable fee amount and consideration of whether Appellant should be afforded conflict-free counsel.
[1] An order denying a motion to enforce a settlement agreement, which administratively re-opens a case and instructs parties to attend a final hearing, is neither a final or…
[2] A per curiam affirmance without opinion has no precedential value.
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Join FLexlaw to unlock all legal intelligence“A per curiam affirmance, without opinion, has no precedential value.”
Establishes that Appellant's attorneys' reliance on such affirmances to support their jurisdictional arguments was legally unfounded.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant attempted to appeal an order from a Judge of Compensation Claims that denied a motion to enforce a purported settlement agreement and reopen…
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Following dismissal of Appellant’s appeal for lack of jurisdiction, an order was issued on March 10, 2010, to Appellant’s attorneys directing them to show cause why attorneys’ fees pursuant to section 57.105(l)(b), Florida Statutes (2009), should not be awarded against them and Appellant. This show cause order noted *110that Appellant was directed on January 12, 2010, to show cause why her appeal
should not be dismissed because the order does not appear to be either a final order or a non-final order appealable pursuant to Florida Rule of Appellate Procedure 9.180. Rather, the order appears to be merely a denial of a motion to enforce a purported settlement agreement in which the Judge of Compensation Claims administratively re-opened the case and instructed the parties to attend a “duly noticed final hearing” on the matter.
Appellant responded that “[t]he findings being appealed are erroneous based on the evidence presented at the time of the evidentiary hearing” and “[i]f this Court were to find that a settlement did occur between the parties, then that ruling would be a final adjudication on all issues.” Because the JCC’s order was neither a final order nor a non-final appeal-able order, the appeal was dismissed. See Maradriaga v. 7-Eleven, 29 So.3d 440 (Fla. 1st DCA 2010).
In their response to the show cause order issued on March 10, Appellant’s attorneys simply expanded on the previously stated reason as to why the JCC’s order should be viewed as final, and advised they relied on a per curiam affirmance, without opinion, in conducting their analysis. A per curiam affirmance, without opinion, has no precedential value. See State, Dep’t of Revenue v. Kemper Investors Life Ins. Co., 660 So.2d 1124, 1129 n. 4 (Fla. 1st DCA 1995). Appellant’s attorneys’ response offered no good reason why attorneys’ fees should not be awarded in this case. The show cause order sought a response regarding the jurisdiction of this court to review the JCC’s order, not the merits of the appeal. This is not the first time Appellant’s attorneys have appealed a clearly unappealable order. See Boladares v. Olemshoe Corp., 28 So.3d 176 (Fla. 1st DCA 2010) (dismissing appeal because order granting motion to dismiss is not ap-pealable final order).
Because Appellant’s attorneys’ response to this court’s show cause order continues to evince ignorance of the rules of appellate procedure and case law, attorneys’ fees pursuant to section 57.105, Florida Statutes (2009), are hereby imposed against Appellant’s attorneys and Appellant. Because section 57.105 does not authorize the exclusion of Appellant from the responsibility to pay a portion of the fee, on remand for determination of a reasonable fee, the JCC should also determine whether Appellant should be afforded an opportunity to obtain conflict-free counsel.
Attorneys’ fees pursuant to section 57.105(l)(b), Florida Statutes (2009), are AWARDED, and the matter is REMANDED for proceedings consistent with this opinion.
LEWIS, THOMAS, and WETHERELL, JJ., concur.
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Suarez v. THE Bank of NEW York Mellon Tr. Co., 325 So. 3d 205 (Fla. 2d DCA 2021)…this motion beyond the exceptions noted in section 57.105(3) (none of which are applicable here, other than 57.105(3)(c), as discussed above)."). Ignorance of the law is not a basis to deny fees under section 57.105(1). See Maradriaga v. 7-Eleven, 35 So. 3d 109, 110 (Fla. 1st DCA 2010) ("Because Appellant's attorneys' response to this court's show cause order continues to evince ignorance of the rules of appellate procedure and case law, attorneys' fees pursuant to section 57.105, Florida Statutes (2009),…
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Sexton v. Ferguson, 79 So. 3d 51 (Fla. 4th DCA 2011)…smissed and the claim for attorney’s fees against the attorney’s client has been waived. Section 57.105 authorizes an attorney’s fee award to be paid “in equal amounts by the losing party and the losing party’s attorney.” See Maradriaga v. 7-Eleven, 35 So. 3d 109, 110 (Fla. 1st DCA 2010); Skarka v. Lennar Homes, Inc. 29 So. 3d 1170, 1171 (Fla. 1st DCA 2010); Gopman v. Dep’t of Educ., 974 So. 2d 1208, 1212 n. 3 (Fla. 1st DCA 2008). We distinguish Avemco Ins. Co. v. Tobin, 711 So. 2d 128 (Fla. 4th DCA 1998),…
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Fla. Dep't of Law Enf't v. Johnson (Fla. 1st DCA 2025)
Authorities Cited
- Boladares v. Olemshoe Corp. & The Hartford Ins. Co., 28 So. 3d 176 (Fla. 1st DCA 2010)
- State v. Kemper Invs. Life Ins. Co., 660 So. 2d 1124 (Fla. 1st DCA 1995)
- Maradriaga v. 7-Eleven & Kemper Grp., 29 So. 3d 440 (Fla. 1st DCA 2010)