Opinion
Case No. 5D20-1446
08-13-2021
WIDERMAN MALEK, P.L. and Celebration Law, P.A., Appellants, v. C.H. as Settlor of the J.F. Special Needs Trust, The Center for Special Needs Trust Administration, Inc., as Trustee of the J.F. Special Needs Trust, Appellees.
Nicholas A. Shannin and Carol B. Shannin, of Shannin Law Firm, P.A., Orlando, for Appellants. Jennifer Gentry Fernandez, of The Fernandez Firm, Tampa, for Appellees.
Nicholas A. Shannin and Carol B. Shannin, of Shannin Law Firm, P.A., Orlando, for Appellants.
Jennifer Gentry Fernandez, of The Fernandez Firm, Tampa, for Appellees.
EDWARDS, J.
Appellants, Widerman Malek, P.L. and Celebration Law, P.A., appeal a final judgment entered June 22, 2020, against them jointly and severally that requires them to pay $199,428.98 as sanctions to Appellees, C.H., as Settlor of the J.F. Special Needs Trust, and the Center for Special Needs Trust Administration, Inc., as Trustee of the J.F. Special Needs Trust. Appellants are law firms who were representing clients who are subject to post-judgment collection efforts by Appellees related to medical malpractice committed by Dr. James Scott Pendergraft, IV. This is the fourth time some aspect of this matter has been before our Court. After careful consideration and review, we affirm as to all but one of the issues raised in this appeal. We reverse only as to the joint and several nature of the final judgment, and remand for further proceedings.
See Pendergraft v. C.H. , 254 So. 3d 417 (Fla. 5th DCA 2018) ; Pendergraft v. C.H. , 225 So. 3d 420 (Fla. 5th DCA 2017) ; Pendergraft v. C.H. , 105 So. 3d 540 (Fla. 5th DCA 2012).
The trial court previously entered detailed orders freezing the clients’ assets while Appellants were representing those clients with regard to those very freeze orders. After determining that the law firms received and kept payments totaling $199,428.98 for legal services rendered to the clients from parties and funds frozen by the trial court's freeze orders, the trial court imposed sanctions in that amount jointly and severally.
While we otherwise affirm the final judgment in its entirety, we find no basis in the record for imposing the sanctions jointly and severally against the two law firms. Accordingly, we reverse the final judgment only as to its joint and several nature. We remand for entry of an amended final judgment against Widerman Malek, P.L. in the amount of $182,428.98 and a separate amended final judgment against Celebration Law, P.A. in the amount of $17,000. Both amended final judgments shall be entered in favor of C.H., as Settlor of the J.F. Special Needs Trust, and the Center for Special Needs Trust Administration, Inc., as Trustee of the J.F. Special Needs Trust, shall provide for interest to accrue from June 22, 2020, and shall provide that execution may issue instanter.
We likewise fully affirm the orders granting motions for turnover and sanctions and all orders denying rehearing related to those orders and the final judgment, with the same single exception only as to the joint and several nature of the imposition of sanctions.
Counsel for Appellants conceded during oral argument that remanding for entry of amended final judgments that did not provide for joint and several liability would be appropriate if we affirmed as to all other issues, as we have done.
AFFIRMED, in part; REVERSED, in part; REMANDED with instructions.
WALLIS and TRAVER, JJ., concur.