JON D. PARRISH, PETITIONER,
v.
RL REGI FINANCIAL, LLC, AND REGIONS BANK, RESPONDENTS

Fla. 2d DCA | 2016-06-29
No. 2D15-1674
KELLY and CRENSHAW, JJ., Concur.
194 So. 3d 571 Florida District Court of Appeal, Second District (2016) Positive Treatment
Cited by 5 cases

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Holding

The court held that an order imposing nonmonetary sanctions, such as self-reporting to the Florida Bar, is appealable if the sanctioned party was not a party to the underlying case, but monetary sanctions are not appealable until the amount is fixed. The court also held that the trial court abused its discretion by ordering self-reporting without a finding of bad faith and proper notice.


Headnotes

[1] An order determining an entitlement to attorney's fees and costs without setting the amount is a nonfinal, nonappealable order.

[2] An order imposing sanctions on trial counsel, who is not a party to the underlying case, is final and appealable.

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Facts & Procedural History

Jon D. Parrish petitioned for certiorari, treated as an appeal, challenging sanctions imposed by the trial court. The sanctions included monetary sanc…

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Opinion of the Court
NORTHCUTT, Judge.

NORTHCUTT, Judge.

Jon D. Parrish petitioned for a writ of certiorari seeking to quash an order imposing sanctions against him and his firm, Parrish and Yarnell, P.A.1 We treat the petition as an appeal, and we reverse the order insofar as it imposes nonmonetary sanctions. Because the monetary sanctions are not ripe for review, we dismiss that portion of the appeal.

A court has inherent authority to order payment of attorney’s fees and costs as a sanction for bad faith conduct of an attorney. See Moakley v. Smallwood, 826 So.2d 221, 224-25 (Fla.2002). Generally, an order imposing monetary sanctions against trial counsel and directing that they be paid on a certain date is a final, appealable order. See Burt v. SP Healthcare Holdings, LLC, 163 So.3d 1274, 1275 (Fla. 2d DCA 2015) (citing Smith v. State, 902 So.2d 179, 180 (Fla. 3d DCA 2005)). The sanctions order at issue here established an entitlement to attorney’s fees and costs, but it did not reduce the award to a fixed amount in a final order. An order determining an entitlement to attorney’s fees and costs without setting the amount is a nonfinal; nonappealable order.2 *572 Greenberg v. Greenberg, 129 So.3d 470, 471 (Fla. 2d DCA 2014); see also Rocka Fuerta Constr., Inc. v. Southwick, Inc., 103 So.3d 1022, 1025-26 (Fla. 5th DCA 2012) (dismissing' as premature'the 'order granting sanctions and awarding attorney’s fees and costs because the trial court made no determination of the amount of fees to be awarded). Thus, the portion of the appealed order imposing monetary sanctions is not reviewáble at this time.

The sanctions order also directed Parrish to “self-report this violation to the Florida Bar within thirty (30) days and provide confirmation of such reporting to the Court by a notice of filing to be placed on the docket in this case.” This portion of the order is final and appealable as to Parrish, who was not a party to the underlying case. See, e.g., Smith v. State, 902 So.2d 179, 180 (Fla. 3d DCA 2005) (holding that an order imposing monetary sanctions on trial counsel and directing that they be paid by a date certain is a final order because it' ended the judicial labor as to trial counsel who was not a party to the case).

An order imposing sanctions is reviewed for an abuse of discretion. Rush v. Burdge, 141 So.3d 764, 766 (Fla. 2d DCA 2014). Pursuant to rule 3-7,1(1), of. the Rules Regulating the Florida Bar, with certain limited exceptions, all attorney disciplinary matters pending at the initial and grievance committee levels are treated as confidential. . Although Moakley authorizes the imposition of attorney’s fees and costs as a sanction for bad faith conduct of an attorney, the trial court had no inherent authority to order Parrish to self-report a “violation” to the Florida Bar with confirmation of such to be placed in a public court.file. The trial court abused its discretion in ordering him to do so.

■ Further, the sanctions order failed to comport with the strictures of Moakley. The Moakley court stated:

Accordingly,- we conclude that the trial court’s exercise of the inherent authority to assess attorneys’ fees against an attorney must be based upon an express finding of bad faith conduct and must be supported by detailed factual findings describing the specific acts of bad faith conduct that resulted in the unnecessary incurrence of attorneys’ fees. -Thus, a finding of bad faith conduct must be predicated on a high degree of specificity in the factual findings, In addition, the amount of the award of attorneys’ fees must be directly related to the attorneys’ fees and costs that the opposing party has incurred as a result of the specific bad faith conduct of the attorney. Moreover, such a sanction is appropriate only after notice and an opportunity to be heard-including the opportunity to present witnesses and other evidence.

826 So.2d at 227. In Rush as well, this court also held “that without a finding of bad faith, it was error to impose a financial sanction premised upon the exercise of the trial court’s inherent authority.” 141 So.3d at 767.

In this case, even if it were a permissible sanction,- Parrish received no notice that he might be ordered to report himself to the Florida Bar. Regions Bank did not seek this sanction in its motion for sanctions, and there was no, discussion at the motion hearing regarding a Bar violation, let alone an opportunity for Parrish to be heard and to present witnesses or evidence on his behalf. We also note that the cir*573cuit court did not make an express finding of bad faith when imposing ainy of the sanctions, monetary or nonmonetary, and it did not set out detailed factual findings describing the specific acts of bad faith conduct. ■

Dismissed in part; reversed in part.

KELLY and CRENSHAW, JJ., Concur.


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  • Shaffer v. Deutsche Bank Nat'l Tr., 310 So. 3d 1145 (Fla. 2d DCA 2021)
    …. However, the trial court never ruled on the request either orally at the hearing on the motion or in its written order. Thus the issue is not ripe for our review, and we must dismiss that portion of the appeal. Cf. Parrish v. RL Regi Fin., LLC, 194 So. 3d 571, 571-72 (Fla. 2d DCA 2016) (dismissing portion of appeal dealing with attorneys' fees and costs as not ripe for review where order determining entitlement did not set amount of either award); Sierra v. Public Health Tr. of Dade Cnty., 661 So. 2d 129…
  • Ludwigsen v. Ludwigsen (Fla. 2d DCA 2020)
    …s entitlement to attorneys' fees "is not reviewable by certiorari where it has not been reduced to a fixed amount because the determination of entitlement does not itself establish material harm or irreparable injury." Parrish v. RL Regi Fin., LLC, 194 So. 3d 571, 571 n.2 (Fla. 2d DCA 2016); see also Boardwalk & Baseball, Inc. v. City Ctr. Bonds, LLC, 161 So. 3d 402, 402 (Fla. 2d DCA 2014). Thus we dismiss the portion of the father's petition that addresses the award of attorneys' fees to the mother for lac…
  • Valente v. Raissi, 343 So. 3d 640 (Fla. 2d DCA 2022)
    …lement to recover attorney's fees under rule 1.380(c) in an amount that has yet to be determined. Because no amount of fees has been ascertained or awarded, we are without jurisdiction to provide appellate relief. See Parrish v. RL Regi Fin., LLC, 194 So. 3d 571, 571-72 (Fla. 2d DCA 2016) ("An order determining an entitlement to of previously entered interlocutory orders versus final orders and judgments and observing that a " 'code' of restraint" should permeate all such reviews out of "considerations of c…

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