In an earlier post I highlighted a Fifth District Court of Appeal case in which the appellate court imposed sanctions against the appellee and his lawyer for failing to comply with its appellate mediation order. Guess what?!? It’s baaack!
In Hernando County School Board v. Nazar, 31 Fla. L. Weekly D 1776 (FL 5th DCA 2006) appellant filed a notice of non-compliance, indicating that Appellee’s attorney has paid one-half of the mediator’s fee, but the remaining half has not been paid by the appellee. In addition, the notice indicates that its reasonable attorney’s fees and costs have not yet been paid.
The Fifth District ordered that Appellee’s answer brief will be stricken and the court shall make a determination on the merits of this appeal without consideration of the contents of that brief if appellee does not pay the mediator’s fee within 15 days.With regard to the unpaid attorney’s fees and costs, the court directed Appellant’s counsel to schedule a hearing before the trial judge, acting as a commissioner to determine the reasonable amount of costs and fees, which shall then be promptly paid, fifty percent by Appellee and fifty percent by Appellee’s attorney.
In view of the history of this case thus far, what do you think the future holds for Appellee and his attorney?
Stay tuned [but really, I hope there is nothing more to say due to actual compliance]!
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