Legal Opinion
Rivero v. Meister
District Court of Appeal of Florida
Decided November 3, 2010No. 4D09-2555PublishedCited by 6 opinions
1Opinion of the CourtGerber, J.
The defendants and their attorneys failed to appear for a jury trial. The plaintiff moved for sanctions against the defendants’ attorneys. The trial court granted the motion. However, the trial court did not find that the defendants’ attorneys acted in bad faith. Instead, the trial court found that the defendants’ attorneys acted negligently. Because the trial court did not make an express finding of bad faith conduct, we are required to reverse. We write to address both the reversal and our concern with the unfairness of this result.
At the March 27 calendar call, the court set the case as…
Also in this document: Concurrence.
2Cases cited3 opinions
- Moakley v. SmallwoodSupreme Court of Florida · 2002
- Dean Witter Reynolds, Inc. v. HammockDistrict Court of Appeal of Florida · 1986
- Shniderman v. Fitness Innovations and Technologies, Inc.District Court of Appeal of Florida · 2008
3Cited by6 opinions
- GREGORY M. OCHALEK v. ANTONIO RIVERA and JOCELYNE GOMEZDistrict Court of Appeal of Florida · 2017
- INFINITY AUTO INSURANCE COMPANY v. METRIC DIAGNOSTIC TESTING, INC. a/a/o JUNIOR CELESTINDistrict Court of Appeal of Florida · 2022
- Meister v. RiveroSupreme Court of Florida · 2011
- PHILIP MORRIS USA, INC. v. BARBARA COHEN, as Personal representative of the ESTATE OF RITA SHIFRINDistrict Court of Appeal of Florida · 2022
- Rivero v. MeisterDistrict Court of Appeal of Florida · 2010
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