Monday, January 31, 2005

“You are Obnoxious” – No Defense to Motion for Sanctions!

In Harrelson v. Hensley, 2005 Fla. App. LEXIS 634 [Fla. 5th DCA 2005], the parties were ordered to attend appellate mediation with the potential for sanctions for failure to appear without good cause. Appellee and counsel and Appellant’s counsel appeared. Appellant failed to appear. No motion to be excused from mediation was filed. Mediation proceeded. In response to Appellee’s Motion for Sanctions, Appellant contended that the “obnoxious” conduct of opposing counsel was the reason for not attending mediation. Not good enough and not “good cause” to avoid sanctions in the Fifth District Court of Appeal’s unanimous opinion.

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