Sarah K. Sussman and Sheldon D. McMullen, Esq. v. Michael R. Kangas, as Administrator ad Litem of the Estate of John J. Gaffney, et al.
The Second District treated a certiorari petition challenging a postjudgment sanctions order as a direct appeal under Rule 9.040(c), affirmed the sanctions order, and dismissed the challenge to the attorney's fee entitlement for lack of jurisdiction because the fee amount had not been set. The court also reminded the petitioning attorney of his continuing duty of candor under Rule 4-3.3. That duty includes telling the court about any development, such as a settlement, that could affect the outcome or raise mootness.
Key facts
- In estate and trust litigation in Hillsborough County Circuit Court, the trial court entered a postjudgment sanctions order on June 25, 2025, against a litigant (Sarah Sussman) and her attorney (Sheldon McMullen).
- The order found entitlement to attorney's fees and costs as a sanction but did not set the amount.
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Holdings
- A petition for certiorari that seeks review of a postjudgment sanctions order is treated as a direct appeal under Florida Rule of Appellate Procedure 9.040(c).
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Why it matters
This case matters in three ways for sanctions and fee litigation. (1) Mislabeling the proceeding will not defeat review, because the court will convert a certiorari petition into an appeal. (2) A challenge to fee… — full analysis with a trial
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