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KARLA SOTOMAYOR v. JAMES BATMASIAN
17-2344
| Fla. Dist. Ct. App. | Nov 15, 2017
|
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Case Information

*1 D ISTRICT C OURT O F A PPEAL O F T HE S TATE O F F LORIDA

F OURTH D ISTRICT

KARLA SOTOMAYOR ,

Appellant, v.

JAMES BATMASIAN , an individual d/b/a Investments, Ltd., MARTA BATMASIAN , an individual d/b/a Investments, Ltd., LSA MANAGEMENT,

INC. , and DARON TERSAKYAN , an individual ,

Appellees. No. 4D17-2344 [November 15, 2017]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Cymonie Rowe, Judge; L.T. Case No. 2014CA007354.

Chris Kleppin and Chelsea A. Lewis of Glasser & Kleppin, P.A., Plantation, for appellant.

Heather E. Kruzyk of Simon & Sigalos, LLP, for appellees.

P ER C URIAM .

We reverse the trial court’s order imposing attorney’s fees as a sanction. [1] The court sanctioned appellant based on her attorney’s violation of a court order. The sanction order fails to comply with the requirements of Moakley v. Smallwood , 826 So. 2d 221 (Fla. 2002). In addition, there was insufficient evidence to support the amount of fees imposed by the court. See Tutor Time Merger Corp. v. MeCabe , 763 So. 2d 505 (Fla. 4th DCA 2000).

Reversed .

C IKLIN , C ONNER and K LINGENSMITH , JJ., concur.

*2 * * *

Not final until disposition of timely filed motion for rehearing.

2

[1] This case was filed as a petition for writ of certiorari. We treat the petition as an appeal from a final order on a collateral issue. Ruppel v. Gulf Winds Apartments, Inc. , 508 So. 2d 534, 535 (Fla. 2d DCA 1987) (“An attorney fee award is deemed final for purposes of appeal from that order.”).

Case Details

Case Name: KARLA SOTOMAYOR v. JAMES BATMASIAN
Court Name: District Court of Appeal of Florida
Date Published: Nov 15, 2017
Docket Number: 17-2344
Court Abbreviation: Fla. Dist. Ct. App.
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