Kings Roofing Nwfl, LLC v. Fusion Works Construction, LLC

• Court: District Court of Appeal of Florida
• Decided: May 22, 2026
• Docket: 6D2025-1251
• Status: Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 6D2025-1251 Lower Tribunal No. 2024-CC-008662 _____________________________

KINGS ROOFING NWFL, LLC,

Appellant,

v.

FUSION WORKS CONSTRUCTION, LLC,

Appellee. _____________________________

Appeal from the County Court for Lee County. Nicole Lynn Mirra, Judge.

May 22, 2026

ON JOINT STIPULATION FOR DISMISSAL OF APPEAL

Pursuant to the parties’ Joint Stipulation for Dismissal of Appeal docketed

April 22, 2026, this appeal is hereby dismissed. Fla. R. App. P. 9.350(c).

However, we expressly retain jurisdiction to pursue any possible sanctions

against Steven R. McCommon, Esquire, who, in his Initial Brief, has provided this

Court with citations to several cases, some of which appear to be fabricated.

The Initial Brief looks as if it was drafted with the assistance of generative

artificial intelligence without Mr. McCommon having put sufficient safeguards in place to ensure the existence or accuracy of the cases cited therein. This is

unfortunately not the first time our Court has encountered a filing with citations to

cases that do not exist or to cases that are cited for inaccurate legal propositions. See,

e.g., Rodriguez v. Rodriguez, No. 6D2025-3086, 2026 WL 969721 (Fla. 6th DCA

Apr. 10, 2026).

As we did in Rodriguez, we hereby direct Mr. McCommon to provide copies

of each and every case cited in the Initial Brief that actually exists, with highlighted

quotations or language that support the assertions made in the Initial Brief. These

cases shall be filed with this Court within ten days of the issuance of this Order.

Additionally, Mr. McCommon is directed to show cause within ten days of the

issuance of this Order: (1) why he should not be sanctioned for filing an initial brief

that contains non-existent cases and that cites to cases for inaccurate legal

propositions; and (2) why he should not be referred to The Florida Bar for potential

discipline.

DISMISSED. ORDER TO SHOW CAUSE ISSUED.

NARDELLA, WOZNIAK and GANNAM, JJ., concur.

Steven R. McCommon, of S.R. McCommon Law PLLC, St. Petersburg, for Appellant.

Robert L. Shearin, of Law Office of Robert L. Shearin, Boca Raton, for Appellee.