Legal Opinion
Rickard v. Bornscheuer
District Court of Appeal of Florida
Decided September 20, 2006No. 4D05-4602PublishedCited by 4 opinions
1Opinion of the Court
BATEMAN, THOMAS H„ III, Associate Judge.
Attorney Mark W. Rickard timely appeals an October 18, 2005 final order entering sanctions against him personally in the sum of $750.00.
Under the facts of this case, we find that the trial court erred in imposing personal sanctions against Rickard. In this case, Rickard was not given adequate notice and an opportunity to be heard and to present witnesses or other evidence in the case against him. See Moakley v. Smallwood, 826 So.2d 221 (Fla.2002) (while a trial court has the inherent authority to impose sanctions in the form of attorney’s fee against an…
2Cases cited1 opinion
- Moakley v. SmallwoodSupreme Court of Florida · 2002
3Cited by4 opinions
- Assimenios v. AssimeniosDistrict Court of Appeal of Florida · 2014
- GREGORY M. OCHALEK v. ANTONIO RIVERA and JOCELYNE GOMEZDistrict Court of Appeal of Florida · 2017
- THE STREMS LAW FIRM, P.A. and GREGORY SALDAMANDO v. OBRIAN FRAZERDistrict Court of Appeal of Florida · 2020
- WANDA I. RUFIN, P.A. v. ALICIA MARIA BORGADistrict Court of Appeal of Florida · 2020