ICE LEGAL, P.A.
v.
NATIONSTAR MORTGAGE, LLC.
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A sanction against a law firm cannot be imposed without proper notice to the firm itself, not merely to an individual attorney.
[1] A sanction imposed on a law firm must be preceded by proper notice directed to the firm itself, not merely to an individual attorney, and service must include an address…
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Join FLexlaw to unlock all legal intelligence“Florida has consistently required notice and an opportunity to be heard before sanctions are imposed upon counsel.”
Court's statement of applicable law from Clare v. Coleman (Parent) Holdings, Inc.
Ice Legal, P.A. was sanctioned $1,000 for litigation misconduct. The trial court issued an order to show cause directed to an individual attorney rath…
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Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Judge; L.T. Case No. CACE 17-7455.
Max Utzschneider of Ice Appellate, Lake Worth, for appellant. No brief filed for appellees. PER CURIAM. Ice Legal, P.A. appeals a $1,000 sanction imposed against it for litigation misconduct. We reverse the sanction because the order to show cause setting a hearing on the sanction was directed to an individual attorney, not to Ice Legal, P.A. The order indicated that copies were provided to the attorney and to opposing counsel, but contained no address for service. Not properly put on notice of a potential sanction against it, the law firm did not appear at the sanction hearing. “Florida has consistently required notice and an opportunity to be heard before sanctions are imposed upon counsel.” Clare v. Coleman (Parent) Holdings, Inc., 928 So. 2d 1246, 1249 (Fla. 4th DCA 2006). Reversed and remanded. GROSS, CONNER and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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Authorities Cited
- Clare v. Coleman (Parent) Holdings, Inc., 928 So. 2d 1246 (Fla. 4th DCA 2006)