West Palm Beach Divorce Lawyer & Client Share Sanctions
The West Palm Beach divorce attorneys of Nugent & Zborowski observed a recent appellate opinion against a West Palm Beach divorce lawyer and his client. This case should serve as a reminder of the fact that neither a West Palm Beach divorce lawyer or his or her client is shielded from the consequences of meritless litigation.
In Sullivan v. Sullivan, 35 Fla. L. Weekly D2896a (Fla. 4th DCA Dec. 22, 2010), the former husband had appealed the trial court’s non-final order on former wife’s application for civil contempt against the former husband. The appellate court affirmed (agreed with the trial court) in all respects, but wrote an opinion to specifically address the former wife’s motion for appellate attorney’s fees.
Essentially, what happened in this case derived from former husband failing to adhere to a provision in the parties’ final judgement of dissolution of marriage that required him to make a payment to former wife from his New Hampshire corporation. In January 2009, the trial court held former husband in contempt of court for refusing to effectuate the payment to former wife and thereby ordered him to make a $41,160 to former wife. In doing so, the trial court rejected former husband’s argument that the court lacked jurisdiction to requisite to forcing the payment because the money was controlled by an out-of-state corporation. The former husband never appealed the order.
The former husband never paid the $41,160 to the former wife, who subsequently filed another contempt case. Again, the trial court (same judge) determined that the former husband was in contempt of court and that there was no acceptable excuse for his refusal to pay the money to former wife pursuant to the parties’ final judgment. This time, former husband appealed the decision.
The Sullivan court determined on appeal that former husband had no good reason not pay the money owed to former wife, and that his appeal of the trial court’s SECOND order on the issue was without merit: “Based on the foregoing, we conclude that former husband’s counsel knew or should have known that former husband’s claim on appeal is completely devoid of merit. We grant former wife’s motion (for appellate attorney’s fees) and find appellate attorney’s fees should be paid in equal amount by former husband and his attorney pursuant to section 57.105(1), Florida Statutes. The case is remanded to the trial court to determine the reasonable attorney’s fees former wife incurred.”
Click here to see the Fourth District Court of Appeal’s opinion in Sullivan.
The West Palm Beach Divorce Lawyers and Boca Raton Divorce Attorneys of Nugent and Zborowski routinely handle the appeals of trial court orders and final judgments. Click here to view a list of some the more notable decisions of cases our West Palm Beach Appellate Attorneys have handled.
The West Palm Beach divorce lawyers of Nugent and Zborowski are West Palm Beach divorce attorneys, and also serve as Boca Raton divorce lawyers; Palm Beach Gardens divorce lawyers; Jupiter alimony attorneys; grandparents’ rights attorneys; and father’s rights attorneys. For more information or to schedule a consultation call (561) 844-1200, click here, or visit the firm’s website, www.nugentlawfirm.com.
Filed Under Attorney's Fees, Contempt, West Palm Beach Divorce Lawyer