Opinion
No. 92-1638.
January 12, 1994.
Appeal from the Circuit Court for Broward County; Larry Seidlin, Judge.
Steven E. Siff of McDermott, Will Emery, Miami, for appellant.
Andrew S. Berman of Young, Franklin, Berman Karpf, P.A., North Miami Beach, for appellees.
ON RESPONSE TO ORDER TO SHOW CAUSE
We note appellant's response, filed December 6, 1993, to the order to show cause why sanctions should not be imposed, as contained in our November 17, 1993, opinion denying appellant's motion for rehearing. Appellant's response does not satisfy this court's inquiry. Appellant persists in maintaining that its motion for rehearing was proper and not in derogation of the proscriptions against Florida Rule of Appellate Procedure 9.330(a) motions rearguing the merits. We clearly rejected such a notion in our November 17, 1993, opinion.
Accordingly, as a sanction for this flagrant violation of Florida Rule of Appellate Procedure 9.330(a), we impose a fine in the amount of $1250, to be paid within 30 days of this opinion. We further direct that this fine be paid one-half by Lawyers Title Insurance Corporation, and one-half by appellant's counsel, McDermott, Will Emery.
GUNTHER and FARMER, JJ., concur.