Nunes v. Ferguson Enterprises, Inc.

Full title: DAVID S. NUNES, P.A., APPELLANT, v. FERGUSON ENTERPRISES, INC., APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 26, 1997

703 So. 2d 491 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-0733

Opinion filed November 26, 1997 Rehearing and Clarification Denied January 7, 1998

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Arthur M. Birken, Judge; L.T. Case No. 93-33248 (12).

David S. Nunes, Ft. Lauderdale, pro se.

Michael J. Monchick of Narkier, Monchick Pleasanton, West Palm Beach, for appellee.

PER CURIAM.

Appellant, a lawyer, was counsel in a lawsuit in which mediation was ordered. Appellant did not attend the mediation hearing, and he told his clients that they did not have to attend. Appellee, whose counsel did attend the mediation hearing, moved to assess attorney's fees and costs against appellant, and the court entered a judgment for attorney's fees and costs, which is the subject of this appeal. We affirm the assessment of attorney's fees against counsel under the court's inherent power to do so. Patsy v. Patsy, 666 So.2d 1045 (Fla. 4th DCA 1996) and cases cited therein.

STONE, C.J., KLEIN and GROSS, J., concur.