Court Affirms Sanctions in South Florida Attorney Fee Fight
The Fourth District Court of Appeal affirmed an Aventura law firm's motion for sanctions over a meritless motion, but had other ideas about how much to award the attorneys.
November 29, 2018 at 01:18 PM
2 minute read
Cash. Photo: David Smart/Shutterstock.com.
The Fourth District Court of Appeal agreed with Aventura law firm Barry S. Franklin & Associates' motion for sanctions on Wednesday, which claimed that Miami lawyer Sophie Demayo filed a meritless motion on behalf of client Daniel Pansky, divorcing his wife Victoria Pansky.
Barry S. Franklin moved for sanctions in May under Florida statute 57.105, which governs fee awards in cases that have been unnecessarily delayed.
The Fourth DCA said yes to the sanctions but disagreed with the amount Broward Circuit Judge Timothy L. Bailey awarded — without testimony or evidence.
Franklin had submitted his billing records to court, but they weren't considered. Instead, Bailey made his decision based on the lawyers' arguments, according to the opinion.
All files are marked confidential in the case, which has traveled through the courts for six years.
Klein would not discuss the case, while Franklin did not respond to requests for comment before deadline.
Fourth DCA Judge Jeffrey T. Kuntz wrote the opinion, which has ordered an evidentiary hearing to decipher how much to award the Barry S. Franklin & Associates firm. Judges Carole Y. Taylor and Burton C. Conner concurred.
Read the full court opinion:
Related stories:
Documents Reveal American Airlines' Alleged '11th-Hour Campaign' to Dodge Attorney Fees
Philip Morris' 'Militant Resistance' Revealed in Fee Fight Documents
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