Sunday, August 17, 2008

You Don’t Just RSVP [Or Not] To A Court Order – You Comply Or . . . !

In Mojzsik v. Estrada, 983 So.2d 699 [Fla. 5th DCA 2008], Appellee’s attorney sought relief from the Fifth District Court of Appeal’s Order to Show Cause for failure, without good cause, to appear at a court-ordered appellate mediation. Apparently, he failed to appear at hearings without notice, failed to file the court ordered mediation questionnaire, delayed payment of fees awarded by the court, and did not appear at the show cause hearing even after his motion to appear by phone was denied.

The cornucopia of failures to comply transcended the period of September, 2007 to May, 2008 and resulted in:

· Imposition of monetary sanctions against counsel being deemed appropriate but withheld pending the outcome of counsel’s bankruptcy proceedings;

· The clerk being directed to provide a copy of the opinion to The Florida Bar for appropriate action [scroll down the page near the bottom]; and

· Withdrawal of the court’s mediation order so that the case could move forward with the merits of the appeal.

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