03-2873 J. ALEXANDER V. FELDMAN

State: Florida

Court: Florida Third District Court

Docket No: 03-2873 J. ALEXANDER V. FELDMAN

Case Date: 05/04/2005

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM A.D., 2005 ** ** ** ** ** Appellee. Opinion filed May 4, 2005. An Appeal from the Circuit Court for Miami-Dade County, Ellen L. Leesfield, Judge. Richard N. Friedman, for appellants. Samole & Berger and Martin I. Berger; Friedman & Kulatz and Jill K. Friedman for appellee. Before COPE, GERSTEN and WELLS, JJ. WELLS, Judge. J. Alexander Securities, Inc., and its attorney, Richard Friedman, appeal a final order imposing monetary sanctions ** LOWER TRIBUNAL NO. 02-14556 CASE NO. 3D03-2873

J. ALEXANDER SECURITIES, INC., and RICHARD N. FRIEDMAN, Appellants, vs. KERRY FELDMAN,

against them pursuant to section 57.105, Florida Statutes (2002)

for erroneously submitting an agreed order to the lower court, and refusing to take appropriate corrective action when the

error was called to their attention. appellee relied on section 57.105.

In moving for sanctions, Because the provisions of

section 57.105 do not provide for the imposition of sanctions on the facts of this case, we are constrained to reverse the

sanction order as to both J. Alexander Securities and Richard Friedman, but do so without prejudice for the lower court to consider sanctions on any other appropriate grounds. See

Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002); see also Shop in the Grove, Ltd. v. Union Fed. Sav. & Loan Ass'n of Miami, 425 So. 2d 1138 (Fla. 3d DCA 1982)(finding that an appeal initiated by a debtor in bankruptcy is not automatically stayed under federal bankruptcy law).

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