Azran Miami 2, LLC v. US Bank Trust, N.A. (consolidated with Buset v. HSBC Bank USA, Carrington Mortgage Services, LLC v. Nicolas, and Bank of New York Mellon v. Bontoux)
The Third DCA consolidated four show-cause proceedings against a foreclosure-defense attorney and imposed sanctions for repeated violations of the Rules of Appellate Procedure and Rule 4-8.2(a), Rules Regulating the Florida Bar. The misconduct included filing frivolous and bad-faith rehearing and en banc motions, attaching massive unindexed appendices of extra-record documents, relying on vacated and quashed trial court orders without disclosure, and repeatedly impugning the integrity of appellate and circuit judges. The court referred the matters to the Florida Bar and awarded each opposing party up to $5,000 in fees (up to $35,000 total), jointly and severally against counsel and his firm.
Key facts
- Four foreclosure cases were consolidated into a single show-cause proceeding against a foreclosure-defense attorney for alleged appellate misconduct.
- The attorney filed multiple post-opinion motions, including rehearing and en banc motions, and submitted appendices containing documents outside the appellate record without court permission.
- +2 more key facts with a free trial
Why it matters
This consolidated sanctions order is a detailed roadmap of what the Third DCA considers sanctionable appellate misconduct — extra-record appendices, non-compliant appendix formatting under Rule 9.220(c), reliance on… — full analysis with a trial
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