From Casetext: Smarter Legal Research

Lathe v. Florida Select Citrus, Inc.

District Court of Appeal of Florida, Fifth District
Dec 23, 1998
721 So. 2d 1247 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-3011.

December 23, 1998.

Appeal from the District Court of Appeal, Dauksch, J.

Jeffrey B. Lathe, Esq., West Palm Beach, for Petitioner.

No Appearance for Respondent.


Jeffrey Lathe, an attorney representing the defendants below, failed to appear for a deposition scheduled by order of the trial court. At the hearing on plaintiffs motion for sanctions, Lathe stated that he had been ordered to appear before another judge at the time of the scheduled deposition. The trial judge directed Lathe to provide the name of the judge or judicial assistant who required his presence and the case name and number. Lathe was specifically advised the information would be verified. When the information provided by Lathe proved to be false, a hearing was held and Lathe was ordered to pay plaintiffs attorney's fees in the sum of $7,225.40. He now seeks certiorari review of the trial court's order.

Lathe doesn't deny that he lied to the trial court. Instead, he argues that the trial court could not order him to pay attorney's fees without first finding him in contempt. He is wrong. A trial court has inherent authority to order an attorney, who is an officer of the court, to pay opposing counsel's reasonable attorney's fees incurred as a result of his or her actions taken in bad faith. See, e.g., U.S. Savings Bank v. Pittman, 80 Fla. 423, 86 So. 567 (Fla. 1920) (attorney who wrongfully obtained decree for sole purpose of paying his fee properly charged with opposing counsel's fees); Smallwood v. Perez, 717 So.2d 154 (Fla. 3d DCA 1998) (courts have inherent power to assess attorney's fees against counsel for litigating in bad faith, although caution must be exercised and due process satisfied). Lathe had notice and an opportunity to object to sanctions and provide mitigating evidence. It takes chutzpah to admit to lying to a court and yet still seek review of an order imposing sanctions. The petition for writ of certiorari is denied.

PETITION DENIED.

GRIFFIN, C.J., and HARRIS, J., concur.


Summaries of

Lathe v. Florida Select Citrus, Inc.

District Court of Appeal of Florida, Fifth District
Dec 23, 1998
721 So. 2d 1247 (Fla. Dist. Ct. App. 1998)
Case details for

Lathe v. Florida Select Citrus, Inc.

Case Details

Full title:Jeffrey B. LATHE, Petitioner, v. FLORIDA SELECT CITRUS, INC., et al.…

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 23, 1998

Citations

721 So. 2d 1247 (Fla. Dist. Ct. App. 1998)

Citing Cases

Moakley v. Smallwood

See id. at 1047; see also David S. Nunes, P.A. v. Ferguson Enter., Inc., 703 So.2d 491, 491 (Fla. 4th DCA…

Florida Bar v. Lathe

The Fifth District Court of Appeal affirmed the award of attorney's fees. See Lathe v. Florida Citrus Select,…