Rivero v. Meister
2010 Fla. App. LEXIS 16643
| Fla. Dist. Ct. App. | 2010Background
- Rivero and Cruz Irizarry (appellants) sued Meister (appellee) in Florida Fourth District Court of Appeal case No. 4D09-2555.
- Trial court sanctioned the defendants’ attorneys for failing to appear at a scheduled jury trial, ordering immediate payment of $10,750 and $350 in lost wages.
- Sanctions were based on inherent authority under Moakley v. Smallwood, but the court did not make an express finding of bad faith; instead it found negligence.
- Calender call set May 18 as trial date; defendants’ attorneys allegedly did not monitor ahead-of-time case status as instructed and failed to check voicemail or notify others when called to trial.
- On May 18, defendants failed to appear; court continued trial, plaintiff sought fees for preparation and appearance at trial.
- Appellants appealed, arguing Moakley requires a specific express finding of bad faith; the court reversed and certified a question of public importance about whether reckless misconduct can constitute bad faith.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Moakley require an express finding of bad faith for sanctions? | Rivero argues bad faith is required; lack of express bad faith blocks sanctions. | Meister argues sanctions may rest on negligence or inherent authority even without bad faith. | Yes; Moakley requires express bad faith finding, so reversal. |
| Should reckless misconduct fall within bad faith for sanctions under Moakley? | Rivero advocates a broad bad-faith scope including reckless conduct. | Meister contends bad faith must be shown as per Moakley; not reckless negligence. | Question certified to be decided by Florida Supreme Court. |
Key Cases Cited
- Moakley v. Smallwood, 826 So.2d 221 (Fla. 2002) (inherent sanctions require explicit bad-faith findings and specific facts)
- Shniderman v. Fitness Innovations & Techs., Inc., 994 So.2d 508 (Fla. 4th DCA 2008) (abuse of discretion standard for sanctions)
- Dean Witter Reynolds, Inc. v. Hammock, 489 So.2d 761 (Fla. 1st DCA 1986) (definition of recklessness in determining liability or sanctions)