Summers v. Blanton

853 So. 2d 1108, 2003 Fla. App. LEXIS 13581, 2003 WL 22080738
CourtDistrict Court of Appeal of Florida
DecidedSeptember 10, 2003
DocketNo. 01-0964
StatusPublished
Cited by1 cases

This text of 853 So. 2d 1108 (Summers v. Blanton) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Summers v. Blanton, 853 So. 2d 1108, 2003 Fla. App. LEXIS 13581, 2003 WL 22080738 (Fla. Ct. App. 2003).

Opinion

PER CURIAM.

This appeal arises from a workers’ compensation proceeding for a work-related accident in which the claimant, Charles Blanton, sustained a brain injury. Although the Judge of Compensation Claims ruled in February of 1997 that the injury was compensable, his employers had not paid any of the substantial award as of the time they filed this appeal. We have affirmed the order without opinion, and we now write to address our decision to impose sanctions against the appellants’ attorney for his violation of the appellate rules.

On May 3, 1995, Mr. Blanton was injured while clearing a wooded lot for his employers, Carl and Ardis Summers. He was operating a large front-end loader when a branch struck him in the head, causing a severe brain injury. He underwent an emergency right central cranioto-my on July 22, 1995, to remove a subdural hematoma resulting from the injury. His neurosurgeon subsequently determined that the hematoma was chronic with brain shift.

The claimant petitioned for workers’ compensation benefits in 1996, and the Judge of Compensation Claims ruled in February of 1997 that the accident was both work-related and compensable. The employers appealed the compensability order, which this Court affirmed in July of 1998. See Summers v. Blanton, 712 So.2d 411 (Fla. 1st DCA 1998).

Subsequently, a final hearing was set for November 16, 1998, to determine the amount of benefits, penalties and attorney’s fees due. This hearing was continued and rescheduled numerous times between November of 1998 and March of 2000. Attempts at mediation were likewise rescheduled a number of times between late 1998 and mid-1999. Virtually all of these continuances were at the request of the employers’ attorney, Stanley Rosenberg, who took over the case in late February of 1999, after the employers’ original attorney withdrew.

Mr. Rosenberg began an extensive pattern of last-minute dilatory tactics and abuse of procedure in this case soon after he began representing the employers in early 1999. The delay tools Mr. Rosenberg employed included a motion to continue the mediation and final hearing, filed on March 15, 1999, the day before the mediation was scheduled to occur; filing for Chapter 13 bankruptcy on behalf of the employers — and thereby automatically staying the workers’ compensation proceedings — less than 90 minutes before the mediation was scheduled to begin on March 16, 1999; a motion for continuance filed on September 8, 1999, the day before a scheduled status conference; a motion to continue the final hearing scheduled for November 12, 1999, filed on November 7, 1999; a phone call by Mr. Summers to the judge’s office less than one hour before the final hearing was set to begin on November 12, 1999, advising that Mr. Rosenberg was at the emergency room of a local hospital; a motion for continuance filed on January 26, 2000, two days before the rescheduled final hearing was set to occur (motion denied); and a phone call from Mr. Summers to the judge just before 5:00 pm on January 27th, the day before the final hearing was scheduled to be held, advising that Mr. Rosenberg was again in the hospital. The last phone call resulted in a continuance to March 6, 2000.

In addition, Mr. Rosenberg could not be reached by telephone to discuss scheduling [1110]*1110matters. The judge attempted to contact him by phone to schedule a conference on the case eight separate times between September 8 and October 8, 1999. Each attempt was met with an answering machine. Although the judge left a message each time, Mr. Rosenberg never returned any of the judge’s eight calls. Nor did he respond to a letter the judge wrote to him, advising him of the numerous unsuccessful attempts to reach him by phone and asking that he contact the judge’s office upon receipt of the letter to schedule a telephone conference.

Following the judge’s unsuccessful attempts to reach him, Mr. Rosenberg filed yet another motion for continuance. The judge again attempted to reach him by telephone to schedule the motion for hearing. Once again, however, the calls were met with an answering machine, and Mr. Rosenberg never returned any of the judge’s calls. Therefore, the motion was never heard.

The judge ultimately entered an order on February 14, 2000, rescheduling the final hearing for March 6, 2000. The order expressly and categorically precluded any further continuances for any reason whatsoever. Despite the judge’s warnings, on the day the final hearing was scheduled to begin Mr. Summers faxed a letter to the judge stating that the judge knew that Mr. Rosenberg would be unavailable on March 6th, that he was presently “on the Pacific Coast,” and that neither Mr. Summers nor Mr. Rosenberg would attend the hearing that day. In keeping with his previous order, the judge went forward with the final hearing as scheduled, in the absence of either the employers or Mr. Rosenberg.

Thereafter, Mr. Rosenberg filed a motion to disqualify the judge. This motion was denied, and Mr. Rosenberg immediately responded to the denial by filing a petition for writ of prohibition in this court. We denied the petition on December 11, 2000. However, Mr. Rosenberg’s petition effectively delayed the entry of a final compensation order in the ease until early 2001, almost eleven months after the final hearing was held.

Once we returned jurisdiction to the lower tribunal, the judge entered a final compensation order on January 30, 2001. The order directed the employers to authorize treatment of the claimant’s chronic subdural hematoma and ongoing symptoms and to pay the claimant’s past medical expenses, temporary total disability, permanent total disability, and impairment income benefits totaling $50,871.92; interest in the amount of $6,012.36; penalties of $2,234.35; and attorney’s fees and taxable costs in the amount of $3,556.12. This order is the subject of the present appeal.

As with the lower tribunal, this court has been exceedingly patient with Mr. Rosenberg in granting extensions of time. After filing the notice of appeal, Mr. Rosenberg filed four motions for extension of time to file the initial brief. His first motion, on October 25, 2001, requested a 60-day extension of time to file the initial brief. We issued an order granting him 30 days’ extension and advising that no further extensions of time would be granted except in the case of emergency.

On December 13, 2001, Mr. Rosenberg filed an “emergency” motion for a 60-day extension of time to file the initial brief. We granted the motion in part via an order extending the time for service to January 22, 2002. As before, this order stated that no further extensions would be granted except in case of emergency.

Then, on January 25, 2002, Mr. Rosenberg filed another emergency motion for extension of time, requesting until February 16, 2002, to file the initial brief. By [1111]*1111order entered on February 13, 2002, we extended the time to serve the initial brief by 5 days from the date of the order and advised that no further extensions would be granted.

After the claimant filed several motions to dismiss the appeal, Mr. Rosenberg filed a response on March 4, 2002, seeking to deny the motion and to accept his as yet unfiled initial brief as timely. We issued an order on March 7, 2002, requiring the appellants to file the initial brief no later than 5:00 pm on March 13, 2002. The order stated, “If the Initial Brief is not filed by that time, the clerk of this court shall issue an order dismissing the appeal without further notice to the Appellants.”

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Bluebook (online)
853 So. 2d 1108, 2003 Fla. App. LEXIS 13581, 2003 WL 22080738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/summers-v-blanton-fladistctapp-2003.