Capital Standard, LLC; Vladimir O. Tchentsov, as trustee of the TF15529 Land Trust; and Anna Tchentsov, as guardian for Oleg V. Tchentsov v. U.S. Bank National Association, as trustee for Bear Stearns Asset Backed Securities I Trust 2005-AC9
The Second District affirmed the underlying declaratory judgment without comment but wrote at length to sanction appellant's counsel for forty-six AI-hallucinated citations across an amended initial brief and reply brief, and for ignoring the court's show-cause order for over a month. The court imposed a $1,500 fine payable to the clerk, ordered counsel personally to pay U.S. Bank's appellate attorney's fees incurred in answering the offending brief, and referred him to The Florida Bar. The court expressly warned that it 'may not be so gentle on attorney offenders in the future.'
Key facts
- Capital Standard appealed a final declaratory judgment entered for U.S. Bank; the Second District affirmed the merits without further comment.
- Counsel Kenneth Keefe's amended initial brief contained at least thirty-one instances of citing or quoting real cases for propositions they do not contain, and the reply brief added fifteen more, including an entirely fabricated case, Board of Regents v. Wilson, 365 So. 2d 213 (Fla. 1st DCA 1979).
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Holdings
- Florida Rule of Appellate Procedure 9.410(a) authorizes an appellate court, on its own motion after 10 days' notice, to fine counsel, award opposing-party attorney's fees, and impose other…
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Why it matters
This is now the leading Florida appellate opinion on generative-AI sanctions and should be read by every practitioner who touches a court filing. The Second District collects the entire national and Florida landscape… — full analysis with a trial
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