Waddington v. Baptist Medical Center of Beaches, Inc.
2012 Fla. App. LEXIS 1312
| Fla. Dist. Ct. App. | 2012Background
- Waddington filed a 2007 First Amended Complaint against Baptist Medical Center of the Beaches, Dr. Li, and Dr. Fleck, alleging medical malpractice and agency/negligence theories.
- Drs. Li and Fleck moved for summary judgment; Li was deemed not negligent and Fleck dismissed with prejudice.
- The 2008-2009 appellate history involved a prior appeal (1D08-2349) that this court affirmed per curiam regarding Dr. Li's summary judgment.
- In 2010, Baptist moved to dismiss for failure to prosecute; Waddington filed affidavits from Shorr and Gustin opining against Baptist and Li.
- The trial court denied leave to amend, entered final summary judgment for Baptist, and Waddington appealed again; the First District ordered show cause for sanctions under §57.105(1) and Rule 9.410(a).
- The court ultimately imposed sanctions against counsel for filing a frivolous appeal and remanded for fee amount calculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sanctions for a frivolous appeal were proper under §57.105(1)(b). | Waddington argues the appeal raised novel issues with some factual disputes. | Baptist contends the appeal relied on prior rulings and lacked a colorable argument. | Yes; the appeal was frivolous and sanctions were proper. |
| Whether the appeal challenged the summary judgment on grounds barred by res judicata and law of the case. | Waddington claimed unresolved material facts remained and that the prior judgment did not bar reconsideration. | Baptist relied on adjudications on the merits and law of the case to bar relitigation. | upheld that res judicata/law of the case barred relitigation in this context. |
| Whether the sanctions could be imposed on counsel but not the represented party, and to remand for fee amount. | Counsel’s conduct merits sanctions under §57.105(1). | Sanctions apply to counsel, not the represented party, under §57.105(3)(c). | Sanctions imposed on counsel; remanded to determine fee amount. |
Key Cases Cited
- Boca Burger, Inc. v. Forum, 912 So.2d 561 (Fla. 2005) (appellate attorney's fees authorized for frivolous appeals)
- Martin County Conserv. Alliance v. Martin County, 73 So.3d 856 (Fla. 1st DCA 2011) (sanctions for frivolous petitions/appeals under §57.105)
- Sullivan v. Sullivan, 54 So.3d 520 (Fla. 4th DCA 2010) (basis for sanctions under §57.105)
- Eastern Indus., Inc. v. Florida Unemployment Appeals Comm'n, 960 So.2d 900 (Fla. 1st DCA 2007) (illustrates frivolousness standard under §57.105(1)(a))
- Airtran Airways, Inc. v. Avaero Noise Reduction Joint Venture, 858 So.2d 1232 (Fla. 5th DCA 2003) (discussion of frivolous appeal standard under §57.105)
- Visoly v. Sec. Pac. Credit Corp., 768 So.2d 482 (Fla. 3d DCA 2000) (definition of frivolous appeal and standard for sanctions)
- Waddington v. Baptist Med. Ctr. of the Beaches, Inc., 7 So.3d 539 (Fla. 1st DCA 2009) (prior affirmance of final summary judgment)
- Waddington v. Baptist Med. Ctr. of the Beaches, Inc., 75 So.3d 727 (Fla. 1st DCA 2011) (table decision; sanctions proceedings referenced)