2D2024-1772
Fla. Dist. Ct. App.Aug 29, 2025Background
- The Hillsborough County Clerk of Court (Appellant) appealed a lower court decision involving Angie Rangel and Efrain Ruiz-Diaz (Appellees), with the State of Florida also named as an Appellee.
- Attorney J. Tony Lopez represented Rangel and filed an answer brief allegedly containing multiple misquotations, misrepresentations of Florida case law, and citations to non-existent cases.
- The appellate court ordered Lopez to provide the cited authorities and to show cause why sanctions should not be imposed for these inaccuracies and failures to correct them when identified by Appellant.
- Lopez, in response, admitted to relying on an unsupervised paralegal, failing to review the cited authority or the opposing reply, and acknowledged submission of fictitious and misstated information.
- Lopez accepted full responsibility, requested any sanction be against him alone (not his client), and suggested CLE requirements and pro bono work as appropriate sanctions.
- The court referred Lopez to The Florida Bar for disciplinary proceedings, allowed for an amended brief and continuance of oral argument, and warned of the dangers of unvetted generative AI and unsupervised delegation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Submission of inaccurate and fictitious legal briefs | Rangel’s counsel did not contest the errors but admitted to extensive lapses. | Lopez admitted to errors, lack of review, and unsupervised delegation. | Sanctions warranted; referred to Bar |
| Responsibility for client versus attorney misconduct | Errors should not harm the client; sanctions, if any, should be attorney-only. | Lopez agreed—sanctions should be against him, not Rangel. | Sanctions directed at Lopez, not the client |
| Use of unvetted legal assistance / AI | Appellant pointed out risks and degree to which errors occurred. | Lopez admitted hiring a paralegal he did not supervise and did not check their work. | Attorney responsible for all filings |
| Scope of sanction and remediation | Advocate for strong judicial intervention. | Lopez suggested CLE/pro bono as sanction; showed remorse and acceptance of fault. | Matter referred to Bar for formal discipline |
Key Cases Cited
- Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So. 2d 68 (Fla. 1978) (discussed as one of the misquoted cases, raising issues of accurate citation)
- Suntrust Bank v. Arrow Energy, Inc., 199 So. 3d 1026 (Fla. 4th DCA 2016) (requires accurate quotation and citation in appellate briefs)
- State Department of Revenue v. Anderson, 403 So. 2d 397 (Fla. 1981) (addresses quoting precedent truthfully)
- Florida Department of Revenue v. Cummings, 930 So. 2d 604 (Fla. 2006) (highlights importance of proper legal citations)
- Barnett v. Barnett, 787 So. 2d 946 (Fla. 2d DCA 2001) (shows consequences of improper conduct in appellate practice)