Florida Wellness & Rehabilitation Center, Inc. v. Mark J. Feldman, P.A.
The Third DCA granted second-tier certiorari and quashed a circuit court appellate-division order refusing to enforce its own mandate awarding Rule 9.410(b) sanction fees. The court held that its later denial of a separate motion for sanction fees in the certiorari proceeding did not become law of the case barring enforcement of the circuit court's earlier fee award, because sanction-based fees are discretionary and fact-specific, unlike fee statutes that confer entitlement as a matter of law.
Key facts
- Florida Wellness & Rehabilitation Center, Inc. sued Mark J. Feldman, P.A., and the case proceeded through multiple appellate stages with disputes over Rule 9.410(b) sanction fees.
- The circuit court appellate division refused to enforce its own mandate awarding sanction fees, and the trial court upheld that refusal based on law-of-the-case doctrine.
- +2 more key facts with a free trial
Why it matters
The opinion gives practitioners a clean, citable line between fee awards that are entitlement-based (offer of judgment, statutory fee provisions — where an appellate denial is law of the case) and discretionary… — full analysis with a trial
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