5D05-3392 DoorstepBeverages v. Collier

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State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-3392

Case Date: 02/20/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006

DOORSTEP BEVERAGES OF LONGWOOD, INC, Appellant, v. WILLIE J. COLLIER, ET AL., Appellee. ________________________________/ Opinion filed February 24, 2006 Appeal from the Circuit Court for Orange County, John H. Adams, Judge. Robert E. Bonner of Meier, Bonner, Muszynski, O'Dell & Harvey, P.A., Orlando, for Appellant. Robert C. Power of Bogin, Munns & Munns, Orlando, for Appellee. PALMER, J. ON MOTION FOR SANCTIONS Doorstep Beverages of Longwood, Inc., has filed a motion with this court seeking the imposition of sanctions against appellee, Willie J. Collier, for his failure to personally appear at court-ordered appellate mediation. Collier has filed no reply to the motion. Concluding that Collier failed to comply with this court's Order of Referral to Mediation without good cause, we grant the motion and impose the sanctions set forth herein. CASE NO. 5D05-3392

By order dated November 19, 2005, this court referred the instant matter to appellate mediation. The Order of Referral specifically provided: Parties with full settlement authority and counsel are required to attend mediation in person unless excused from attendance by the court. Failure of an attorney or party to appear for a duly scheduled mediation conference or otherwise comply with the Appellate Mediation Program Procedures, without good cause, may result in imposition of sanctions by this court, including the striking of any party's briefs, denial of oral argument or dismissal of the appeal. Collier did not appear for the scheduled mediation. No motion was filed with this court to excuse his appearance. Having failed to seek permission from this court to be excused from appearing, and having failed to show good cause for his failure to appear, the imposition of sanctions is appropriate. See Harrelson v. Hensley, 891 So. 2d 635 (Fla. 5th DCA 2005). Accordingly, Collier is hereby ordered to pay the following amounts as sanctions within 30 days from the date of this opinion: 1) to the mediator, all fees charged by the mediator in connection with the appellate mediation; 2) to opposing counsel, reasonable attorney's fees and costs incurred in preparing for and attending the appellate mediation and filing the motion for sanctions; and, 3) to the clerk of this court, five hundred dollars ($500.00), as a sanction for willful failure to comply with this court's mediation order. If the parties cannot agree on the reasonable amount of costs and attorney's fees, the trial judge in this matter is hereby appointed as a commissioner to conduct an evidentiary hearing and determine the reasonable amount of same. Any dispute over the reasonable amount of attorney's fees and

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costs shall not delay Collier's obligation to timely pay the items set forth in paragraphs one and three above. The failure to make these payments may result in further sanctions by this court, including the striking of Collier's answer brief and the assessment of additional attorney's fees. MOTION GRANTED; SANCTIONS IMPOSED.

PLEUS, C.J., and SHARP, W., J., concur.

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