SUSSMAN, MCMULLEN
v.
KANGAS, ESTATE OF JOHN J. GAFFNEY, DECEASED, ET AL
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A postjudgment sanctions order is affirmed, but a challenge to the trial court's finding of entitlement to attorney's fees and costs is dismissed for lack of jurisdiction where the trial court did not set the amount.
[1] An appellate court lacks jurisdiction to review a trial court's finding of entitlement to attorney's fees and costs when the trial court has not set the amount of the fee…
Previewing 1 of 1 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“It is one thing to argue that a settlement does not moot a particular case; it is quite another to promote an advisory opinion by disguising a settlement in order to hide it from the court's consideration.”
The court's reminder to the attorney regarding his duty of candor, quoting Douglas v. Donovan.
Sarah Sussman and her attorney Sheldon McMullen sought certiorari review of a postjudgment sanctions order rendered by the trial court on June 25, 202…
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
SARAH K. SUSSMAN, individually, and SHELDON
D. McMULLEN, Esquire, an interested party,
Petitioners,
V.
MICHAEL R. KANGAS, administrator ad litem of the Estate of John J. Gaffney, deceased; TERESA GAFFNEY, individually and as trustee of the Sussman Family Trust Living Trust, u/a/d January 9, 2012; and ROBERT N. LYNCH, Bishop of the Diocese of St. Petersburg, f/b/o Christ the King Catholic Church,
Respondents.
No. 2D2025-1956
September 18, 2026
Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; James M. Barton, II, Senior Judge.
Sheldon D. McMullen, pro se, and for Petitioner Sarah K. Sussman.
Michael R. Kangas, pro se.
No appearance for remaining Respondents.
BLACK, Judge.
Attorney Sheldon McMullen and Sarah Sussman seek certiorari review of the postjudgment sanctions order rendered June 25, 2025.1 We treat this certiorari proceeding as a direct appeal. See Fla. R. App. P. 9.040(c); cf. Graham v. Graham, 898 So. 2d 210, 211 (Fla. 2d DCA 2005); Delgado v. Hearn, 805 So. 2d 1017, 1017 (Fla. 2d DCA 2001). To the extent Mr. McMullen and Ms. Sussman challenge the trial court's finding of entitlement to attorney's fees and costs, we dismiss for lack of jurisdiction because the trial court did not set the amount. See SP Healthcare Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775, 781-82 (Fla. 2d DCA 2016). The sanctions order is otherwise affirmed.
We take this opportunity to remind Mr. McMullen, as a Florida licensed attorney appearing before this court, of his continuing duty of candor to this court. See R. Regulating Fla. Bar 4-3.3; see also Merkle v. Guardianship of Jacoby, 912 So. 2d 595, 600-01 (Fla. 2d DCA 2005) ("During the pendency of an appeal, the duty of candor imposes an obligation on counsel to notify the court of any development that may conceivably affect the outcome of the litigation, including facts that may raise a question of mootness. . . . 'It is one thing to argue that a settlement does not moot a particular case; it is quite another to promote an advisory opinion by disguising a settlement in order to hide it from the court's consideration.' " (quoting Douglas v. Donovan, 704 F. 2d 1276, 1280 (D.C. Cir. 1983))).
Affirmed in part; dismissed in part.
KELLY and GUARD, JJ., Concur.
Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Merkle v. Guardianship OF Robert J. Jacoby, 912 So. 2d 595 (Fla. 2d DCA 2005)
- Zenen D. Delgado v. Tama P. Hearn, 805 So. 2d 1017 (Fla. 2d DCA 2001)
- Douglas v. Donovan, 704 F.2d 1276 (D.C. Cir. 1983)
- SP Healthcare Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775 (Fla. 2d DCA 2016)
- Graham v. Graham, 898 So. 2d 210 (Fla. 2d DCA 2005)