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Felicetti Law Firm, PLLC v. De Jesus

Florida Court of Appeals, Fifth District
Jul 8, 2022
No. 5D21-1531 (Fla. Dist. Ct. App. Jul. 8, 2022)

Opinion

5D21-1531

07-08-2022

FELICETTI LAW FIRM, PLLC, Appellant, v. ANTONIO DE JESUS, TRUGREEN LIMITED PARTNERSHIP AND KENNETH MICHAEL TAYLOR, Appellees.

Nicholas A. Shannin and Carol B. Shannin, of Shannin Law Firm, P.A., Orlando, for Appellant. No Appearance for Appellees.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court for Orange County, LT Case No. 2019-CA-001453-O Emerson R. Thompson, Jr., Senior Judge.

Nicholas A. Shannin and Carol B. Shannin, of Shannin Law Firm, P.A., Orlando, for Appellant.

No Appearance for Appellees.

WOZNIAK, J.

The Felicetti Law Firm, PLLC ("the Firm"), former counsel for Appellee Antonio De Jesus, appeals the order granting De Jesus's motion to strike the charging lien and deeming the lien waived as a sanction for the Firm's counsel's actions. The Firm argues on appeal that the trial court abused its discretion in striking its charging lien where no sanctionable conduct occurred and, even if a sanction were appropriate, the ultimate sanction of dismissal was too severe. Because no factual findings were made to support the sanction, and because the record does not support the sanction imposed, we must reverse. See Kozel v. Ostendorf, 629 So.2d 817, 818 (Fla. 1993) (listing factors to be considered, including whether counsel's disobedience was willful, deliberate, or contumacious, in determining whether dismissal is warranted; observing that if a sanction less than dismissal is a viable alternative, the lesser sanction should be employed). In light of the conduct at issue, we remand to the trial court to consider whether lesser sanctions- or any sanctions-are appropriate; any sanctions imposed must be supported by written factual findings.

REVERSED and REMANDED for further proceedings.

EDWARDS and HARRIS, JJ., concur.


Summaries of

Felicetti Law Firm, PLLC v. De Jesus

Florida Court of Appeals, Fifth District
Jul 8, 2022
No. 5D21-1531 (Fla. Dist. Ct. App. Jul. 8, 2022)
Case details for

Felicetti Law Firm, PLLC v. De Jesus

Case Details

Full title:FELICETTI LAW FIRM, PLLC, Appellant, v. ANTONIO DE JESUS, TRUGREEN LIMITED…

Court:Florida Court of Appeals, Fifth District

Date published: Jul 8, 2022

Citations

No. 5D21-1531 (Fla. Dist. Ct. App. Jul. 8, 2022)