Opinion
No. 3D12–2204.
2013-10-2
M.B., Appellant, v. AGENCY FOR PERSONS WITH DISABILITIES, Appellee.
An Appeal from the Agency for Persons with Disabilities. No appearance for appellant. Richard Tritschler, General Counsel, Brian F. McGrail, Assistant General Counsel, and Richard C. Bellak, Agency Counsel (Tallahassee), and Tomea Sippio–Smith, Agency Counsel, for appellee.
An Appeal from the Agency for Persons with Disabilities.
No appearance for appellant. Richard Tritschler, General Counsel, Brian F. McGrail, Assistant General Counsel, and Richard C. Bellak, Agency Counsel (Tallahassee), and Tomea Sippio–Smith, Agency Counsel, for appellee.
Before SHEPHERD, C.J., and LAGOA and EMAS, JJ.
ON ORDER TO SHOW CAUSE
SHEPHERD, C.J.
On March 20, 2013, the Court sua sponte issued an order in this case to Richard C. Bellak, counsel of record for the appellee, Agency for Persons with Disabilities, and the Agency itself, to show cause why it should not be sanctioned for maintaining a frivolous defense to M.B.'s appeal in this case. SeeFla. R.App. P. 9.410(a).
Richard Tritschler, the General Counsel for the Agency, appeared at the hearing held on this matter, conceded that the Agency's maintenance of the defense to M.B.'s appeal was frivolous, and represented he has instituted procedures to prevent conduct of this type by the Agency and retained counsel from occurring again. Accordingly, the court discharges the order to show cause.
Mr. Tritschler was not General Counsel for the Agency at the time appellate counsel filed its answer brief in this case.
SO ORDERED.