GREGORY M. OCHALEK v. ANTONIO RIVERA and JOCELYNE GOMEZ
17-0165
| Fla. Dist. Ct. App. | Dec 20, 2017Background
- Ochalek appeals a sanctions order entered against him in a Florida family-law matter involving a pro se father and a mother represented by new counsel.
- Ochalek had previously represented the mother and filed multiple motions to withdraw; after his withdrawal, the mother retained new counsel and the father represented himself.
- The mother’s new counsel moved for default after Ochalek’s withdrawal; Ochalek attended the hearing and raised concerns about the timing of pleadings filed by the new counsel.
- The father moved to strike the mother’s pleading and for sanctions against the mother’s new counsel; the trial court denied both motions.
- The mother’s new counsel later sought to hold Ochalek in contempt for missing a deposition; Ochalek filed a notice of appearance to attend the deposition.
- The trial court granted sanctions against Ochalek, ordering him to cease involvement and pay $600 in fees to the mother’s new counsel, without express findings of bad faith or detailed facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sanctions order included express bad-faith findings | Ochalek contends there were no explicit bad-faith findings. | The trial court acted under inherent authority to sanction misconduct. | Reversed; lack of express bad-faith findings requires remand. |
| Whether the order provided adequate notice and hearing | Ochalek did not receive proper notice or opportunity to be heard. | Proceedings were within the court’s inherent authority to sanction attorney misconduct. | Reversed; due process prerequisites not satisfied. |
Key Cases Cited
- Moakley v. Smallwood, 826 So.2d 221 (Fla. 2002) (inequitable conduct doctrine requires express bad-faith findings and specific facts)
- Rivero v. Meister, 46 So.3d 1161 (Fla. 4th DCA 2008) (sanctions require notice and opportunity to be heard; abuse of discretion standard)
- Rickard v. Bornscheuer, 937 So.2d 311 (Fla. 4th DCA 2006) (reversals when orders lack factual basis or notice and hearing)
- Bitterman v. Bitterman, 714 So.2d 356 (Fla. 1998) (recognizing narrow scope of sanctions for bad-faith conduct)
- Bane v. Bane, 775 So.2d 938 (Fla. 2000) (attorney-fee awards require statutory, contractual, or inherent-authority basis)