KARLA SOTOMAYOR v. JAMES BATMASIAN

• Court: District Court of Appeal of Florida
• Decided: November 15, 2017
• Docket: 17-2344
• Status: Published

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

KARLA SOTOMAYOR, Appellant,

v.

JAMES BATMASIAN, an individual d/b/a Investments, Ltd., MARTA BATMASIAN, an individual d/b/a Investments, Ltd., LSA MANAGEMENT, INC., and DARON TERSAKYAN, an individual, Appellees.

No. 4D17-2344

[November 15, 2017]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Cymonie Rowe, Judge; L.T. Case No. 2014CA007354.

Chris Kleppin and Chelsea A. Lewis of Glasser & Kleppin, P.A., Plantation, for appellant.

Heather E. Kruzyk of Simon & Sigalos, LLP, for appellees.

PER CURIAM.

We reverse the trial court’s order imposing attorney’s fees as a sanction. 1 The court sanctioned appellant based on her attorney’s violation of a court order. The sanction order fails to comply with the requirements of Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002). In addition, there was insufficient evidence to support the amount of fees imposed by the court. See Tutor Time Merger Corp. v. MeCabe, 763 So. 2d 505 (Fla. 4th DCA 2000).

Reversed.

CIKLIN, CONNER and KLINGENSMITH, JJ., concur.

1 This case was filed as a petition for writ of certiorari. We treat the petition as an appeal from a final order on a collateral issue. Ruppel v. Gulf Winds Apartments, Inc., 508 So. 2d 534, 535 (Fla. 2d DCA 1987) (“An attorney fee award is deemed final for purposes of appeal from that order.”). * * *

Not final until disposition of timely filed motion for rehearing.