Roberts v. Bonati
133 So. 3d 1212
Fla. Dist. Ct. App.2014Background
- Patricia Shaw-Caillouet and Allen Caillouet sued in Pasco County for medical malpractice against Dr. Bonati and related entities.
- A confidentiality order protected the Bonati Parties’ financial information from disclosure outside the case.
- Roberts, Boati’s attorney, was sanctioned for allegedly disclosing bank-account information in a Walton County case.
- Garnishments totaling $23,403.70 were sought as the sanction amount, tied to the alleged disclosure.
- The trial court found a violation but did not determine whether the violation was intentional, and ordered payment of the sanction.
- Roberts challenged the sanction in appeal 2D12-1502 and separately sought relief from the sanction based on a Walton County settlement in appeal 2D12-4731.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Roberts violate the confidentiality order? | Roberts disclosed banking information in violation of the order. | Roberts did not disclose documents produced in discovery and argued information came from public records. | Yes, Roberts violated the confidentiality order. |
| Must a civil-contempt sanction prove intentional violation? | Sanction imposed regardless of intent based on past noncompliance. | Sanction should require a finding of intent to violate the order. | The sanction must be based on intentional violation; remand to determine intent. |
| Is the sanction amount excessive or improperly calculated from damages? | Sanction amount reflects actual damages from the disclosure. | There was no proven damages linkage; the amount may be improper or unpreserved. | Sanction amount cannot be sustained without proper preservation of damages argument; remand or reversal as needed. |
| Does the Walton County settlement release Roberts from the Pasco sanction? | Settlement should relieve Roberts from the Pasco obligation if acting as an agent. | Settlement releases only cover Walton County obligations and do not extend to Pasco County sanction. | Settlement does not discharge Roberts from the Pasco sanction. |
Key Cases Cited
- Parisi v. Broward Cnty., 769 So.2d 359 (Fla. 2000) (civil contempt; damages-based sanction framework)
- Johnson v. Bednar, 573 So.2d 822 (Fla. 1991) (necessity of damages evidence for compensatory contempt)
- H.K. Dev., LLC v. Greer, 32 So.3d 178 (Fla.1st DCA 2010) (civil contempt requires intent to violate court order)
- Northstar Invs. & Dev., Inc. v. Pobaco, Inc., 691 So.2d 565 (Fla.5th DCA 1997) (intent element in contempts; need for willfulness)
- Paul v. Johnson, 604 So.2d 883 (Fla.5th DCA 1992) (contempt standards and intent considerations)