198 So. 3d 658
Fla. Dist. Ct. App.2015Background
- Benny G. Santiago appeals a final sanctions judgment in favor of Sunset Cove Investments in Florida's Second District Court of Appeal.
- The trial court included appellate attorneys' fees in the sanctions award, which Sunset Cove did not move for in the appellate court.
- Santiago challenged a 2005 contempt order; the court addresses that challenge but finds it barred by the law of the case.
- Sunset Cove moved for appellate attorneys' fees under section 57.105(1)(b), arguing the appeal-related fees were incurred defending the 2005 contempt order.
- The panel reverses the appellate-fees portion against Santiago as to his counsel on remand, while affirming other sanctions rulings.
- The court remands to determine the amount of appellate fees and to deduct appellate-fees from the sanctions award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate fees were properly awarded. | Santiago | Sunset Cove | Appellate fees improperly awarded against Santiago; must deduct. |
| Law of the case bar to the contempt challenge. | Santiago | Sunset Cove | Santiago barred by law of the case from challenging 2005 contempt order. |
| Sunset Cove's entitlement to appellate fees against Santiago's counsel only. | Santiago | Sunset Cove | Fees awarded under §57.105(1)(b) against Santiago's counsel only; remand amount to be determined. |
Key Cases Cited
- Bartow HMA, LLC v. Kirkland, 146 So.3d 1213 (Fla. 2d DCA 2014) (appellate fees require appellate court authorization)
- Rados v. Rados, 791 So.2d 1130 (Fla. 2d DCA 2001) (appellate fees awarded only with appellate court authorization)
- Closuit v. Crane Envtl., Inc., 850 So.2d 652 (Fla. 2d DCA 2003) (absence of authorization precludes circuit-court award of appellate fees)
- Levine v. Keaster, 862 So.2d 876 (Fla. 4th DCA 2003) (burden to specify hours; not fatal to relief when hours not itemized)
- Mullins v. Kennelly, 847 So.2d 1151 (Fla. 5th DCA 2003) (fee determinations under statutory standards)
- Albritton v. Ferrera, 913 So.2d 5 (Fla. 1st DCA 2005) (application of statute to fees; material facts standard)
- Waddington v. Baptist Med. Ctr. of the Beaches, Inc., 78 So.3d 114 (Fla. 1st DCA 2012) (sanctioning counsel for meritless argument; appellate-fee framework)
- Sumner v. Sumner, 707 So.2d 934 (Fla. 2d DCA 1998) (law-of-the-case principles for merits-based decisions)
- Barwick v. State, 660 So.2d 685 (Fla. 1995) (law-of-the-case doctrine explained)