Mash v. Lugo

2 Citing cases

  1. Alvarez v. Citizens Prop. Ins. Corp.

    325 So. 3d 231 (Fla. Dist. Ct. App. 2021)

    Nonetheless, our sister courts have widely embraced the position that monetary penalties, such as those promulgated under the rule, adequately serve to punish the non-compliant and negate any prejudice against the opposing party. See H & R Block Bank v. Perry, 205 So. 3d 776, 781 (Fla. 2d DCA 2016) (determining "[v]iolations of rule 1.720 have typically been addressed with" "sanctions that include attorney's fees and costs and mediator expenses"); Mash v. Lugo, 49 So. 3d 829, 830 (Fla. 5th DCA 2010) ("[I]f a party fails to appear at a duly noticed mediation conference without good cause, the court may impose sanctions against the party failing to appear. Accordingly, appellees are hereby ordered to pay [the mediator's and attorney's fees as] sanctions."); HDE, Inc. v. Bee-Line Supply Co. Inc., 181 So. 3d 1285, 1287 (Fla. 5th DCA 2015) (finding "sanctions are appropriate for a party's failure to appear at a court-ordered mediation" and ordering party to pay mediation and attorney's fees for failure to attend mediation); Carbino v. Ward, 801 So. 2d 1028, 1031 (Fla. 5th DCA 2001) (determining paying "mediator costs and attorney's fees" was sufficient sanction for failure to appear at mediations without good cause); Carden & Assocs., Inc. v. C.O.D. Trees P'ship, 83 So. 3d 862, 863 (Fla. 5th DCA 2012) (ordering appellant to pay "all fees charged by the mediator in connection with [the] appellate mediation; and, ... [appellee's] reasonable costs and attorneys' fees incurred in preparin

  2. Hde, Inc. v. Bee-Line Supply Co.

    181 So. 3d 1285 (Fla. Dist. Ct. App. 2015)   Cited 1 times
    Finding "sanctions are appropriate for a party's failure to appear at a court-ordered mediation" and ordering party to pay mediation and attorney's fees for failure to attend mediation

    As we held in Carden & Associates, Inc. v. C.O.D. Trees Partnership, 83 So.3d 862 (Fla. 5th DCA 2012) and Carbino v. Ward, 801 So.2d 1028 (Fla. 5th DCA 2001), sanctions are appropriate for a party's failure to appear at a court-ordered mediation even though a representative of his insurance company was present. See also Mash v. Lugo, 49 So.3d 829 (Fla. 5th DCA 2010) (holding the imposition of sanctions appropriate against a party for failing to appear although counsel appeared who claimed to have full settlement authority).Accordingly, we order HDE to pay the following sums as sanctions within thirty days of the date of this order: (1) to the mediator, all fees charged by the mediator in connection with this appellate mediation; and (2) to opposing counsel, all reasonable attorney's fees and costs incurred in preparing for and attending the mediation as well as the costs incurred in filing this motion for sanctions. If the parties cannot agree on an amount of attorney's fees and costs, the trial court shall conduct a hearing and determine same.