florida case law in which opposing attorney harrasses party

What is an injunction in the state of Florida?

The purpose of the injunction is to legally prevent that person from having contact with you by restricting him/her from your residence, car, place of employment, and/or other places the court finds necessary. He or she may also be ordered not to contact you by phone, in writing, by email, or in person.

What is a stalking injunction in Florida?

Florida Statute § 784.0485 allows certain persons to petition for an Injunction for Protection Against Stalking. This petition may be filed by any person who is the victim of stalking (as defined above) or by a parent or legal guardian for a minor child living at home who is the victim of stalking.

What is legally considered harassment in Florida?

(a) “Harass” means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.

What is injunction law?

In law, an injunction is an order by a court to one or more of the parties in a civil trial to refrain from doing, or less commonly to do, some specified act or acts (the former kind of injunction is called prohibitory or preventive, the latter mandatory).

Does an injunction have to be personally served?

A civil injunction order must normally be personally served upon the Defendant(s).

What happens if an injunction is not served Florida?

You MUST be served in order for the injunction process to move forward. Due process requires that a respondent be served with the injunction papers before the final hearing can take place. If you have not been served, the injunction is technically not enforceable and you cannot violate it.

Can I sue for harassment in Florida?

You have the right to file a lawsuit against your employer alleging sexual harassment and discrimination in Florida. You may only do so after filing a complaint with the EEOC, after which you'll receive a Notice of Right to Sue. You have 90 days after receiving this notice to file your lawsuit under federal law.

Is verbal harassment a crime in Florida?

A variety of forms of street harassment are illegal in Florida, including verbal harassment, up-skirt photos, indecent exposure, following, and groping.

Is text harassment a crime in Florida?

Anyone who harasses another person using an electronic form of communication commits a crime in Florida. Florida law also prohibits bullying (including cyberbullying via electronic means) at public schools and directs each school to enact an anti-bullying policy.

What are the 3 types of injunctions?

The following are the different types of the injunction: Preliminary injunction. Preventive Injunction. Mandatory injunction.

On what grounds injunction Cannot be granted?

a suit for specific performance of an agreement of sale, injunction cannot be granted on the basis of Sec. 53-A of the Transfer of Property Act 1882. Relief of injunction cannot be granted when plaintiff has not shown his readiness and willingness to perform his part of the contract.

What is ex parte injunction?

parte injunction is as much a temporary injunction as an injunction granted after hearing the opposite party. An ex parte ... injunction either ex parte or after hearing the opposite party. The only difference between an ex parte injunction. Allahabad High Court.

Is aggravated stalking a felony in Florida?

According to Florida stalking laws, penalties for aggravated stalking are severe. If a person is convicted of aggravated stalking, they will receive a felony in the third degree, which carries a prison term of up to five years and a monetary fine of $5,000.

Is text harassment a crime in Florida?

Anyone who harasses another person using an electronic form of communication commits a crime in Florida. Florida law also prohibits bullying (including cyberbullying via electronic means) at public schools and directs each school to enact an anti-bullying policy.

How do I prove cyberstalking in Florida?

To prove that there's stalking or cyberstalking, you must verify the following, through the State Attorney's office, beyond any reasonable doubt. You must prove that: The Defendant acted maliciously and willfully. The Defendant repeatedly followed, harassed, and stalked you.

Is cyberstalking a cyber crime?

Cyberstalking is a type of cybercrime that uses the internet and technology to harass or stalk a person. It can be considered an extension of cyberbullying and in-person stalking.

Why did the judge quashed the award against the attorney in Diaz v. Diaz?

SC95534, Pariente, again writing for the court, cited the reasoning in Moakley, but quashed the award against the attorney because the trial judge did not make any specific findings showing the bad fath actions were the attorney’s fault. Indeed the record showed while the husband rejected a settlement offer from the wife without an reasonable prospect of improving his lot in litigation, that was done before the attorney was hired and before the wife had made full financial disclosure, the opinion said.

Why did the court quashed the cases?

Although the court held judges could impose sanctions, they quashed or remanded the cases because neither of the judges provided a detailed and specific list of why the sanctions were imposed.

What did Pariente say about judges?

Pariente also said judges should rely on statutes and procedural rules if those are available before turning to their inherent authority.

Can a lawyer be ordered to pay the other side's fees?

Lawyers can be ordered to pay the other side’s fees. Florida judges have the inherent authority to sanction attorneys for bad conduct by ordering them to pay the opposing parties attorneys’ fees and costs, but judges must also make specific findings about those abuses and give the attorneys a chance to respond.

What happens if you lie under oath in Florida?

Federal courts in Florida and elsewhere also have held that a litigant who repeatedly lies under oath forfeits all rights to prosecute his or her claims . In Vargas, for example, Judge Ryskamp dismissed, with prejudice, the Title VII claims of a plaintiff, who 1) had fabricated evidence of the allegedly hostile work environment and lied about the authenticity of that evidence at her deposition; 2) had lied under oath concerning a State Department letter, which she claimed was the product of an attempt by her former employer to “lure” her to Costa Rica and force her to drop her lawsuit; 3) had entered the United States illegally; 4) had provided false information on employment applications; and 5) had lied at her deposition about her prior involvement in jewelry sales. In reaching his decision, Judge Ryskamp emphasized that plaintiff’s misconduct, which included fraud on the court, fabrication of evidence, and perjury, was “designed to and had the effect of obstructing the discovery process and impeding defendant’s ability to conduct discovery vital to its defense” and, therefore, warranted the dismissal of plaintiff’s action. Id. at 1582.

What did the plaintiff in Savino claim?

The court went on to conclude that, by her misconduct, the plaintiff had, in fact, forfeited that right. The claims of the plaintiff in Savino met the same fate. Savino claimed that he had suffered brain damage and lost wages as the result of a fall on the defendant’s property.

What is the hope of a dishonest adversary?

Their hope is that their dishonest adversary will crumble on the witness stand, under the weight of the contradictions and inconsistencies in their sworn testimony, and that the jury ultimately will punish their opponent’s lack of candor by returning an adverse verdict. Often, this strategy works.

Can a civil deposition impeach a president?

Okay, so maybe offering false or misleading testimony in a civil deposition is not a legally or constitutionally sufficient basis for impeaching a sitting President, particularly in good economic times. However, the reality is that an ever-increasing number of state and federal courts, in Florida and elsewhere, are taking a much harsher and more aggressive approach toward civil litigants and nonparty witnesses, who, in an effort to create or bolster a claim for relief or otherwise obstruct the judicial process, repeatedly lie under oath. The result is a whole new set of potential problems for lawyers of less than candid clients and an arguably underutilized weapon in the arsenal of the vigilant litigator, who is willing to devote the time, energy, resources, and patience to uncover the truth. The following is a brief overview of the cases at the forefront of this evolving area of the law. 1

Can a skilled litigator bypass the jury?

Fortunately, there is an alternative which allows the skillful litigator to bypass the jury and still achieve the desired result. It is hornbook law that state and federal courts have “the inherent power to regulate litigation and to sanction litigants for abusive practices.”. Vargas v.

What was Zimmerman charged with?

In this high profile case, Zimmerman was charged with second degree murder for fatally shooting Trayvon Martin.

What is the need to take the deposition of opposing counsel?

In light of these concerns, a party seeking to take the deposition of opposing counsel must prove its necessity by showing that: (1) no other means exist to obtain the information than to depose opposing counsel; (2) the information sought is relevant and non-privileged; and (3) the information is crucial to the preparation of the case.”.

Did Zimmerman shoot Martin?

During interviews with police, Zimmerman asserted that he shot Martin in self-defense. Crump, an attorney retained by Martin’s family, conducted a telephone interview of a potentially crucial witness who allegedly was on the phone with Martin moments before his death.

Can you depose opposing counsel in Florida?

However, in Florida, taking the deposition of opposing counsel in a pending case is an extraordinary step which is rarely justified. Courts regard opposing counsel’s depositions unfavorably because they interfere with the attorney’s case preparation and risk disqualification of counsel who may be called as a witness.

Did Zimmerman depose Crump?

The trial court denied Zimmerman’s request to depose Crump. In its order, the trial court found that Crump was “an opposing counsel” and that Zimmerman failed to meet the Shelton test. The appellate court reversed.

Why did the Baratta case reverse the award of attorney fees?

The Court reversed the award of attorney fees in that case because it could not be said that the trial court’s findings “on the reasonableness of the hours expended and the reasonableness of the hourly rate are supported by competent, substantial evidence .” Id. at 498.

Is attorney fees recoverable in civil cases?

In civil litigation, the general rule is that attorney fees are not recoverable unless a statute or contract provides otherwise. If the prevailing party is entitled to an award of attorneys’ fees, the award must be reasonable. Standard Guar. Ins. Co. v. Quanstrom, 555 So. 2d 828, 830 (Fla. 1990). In Florida Patient’s Comp. Fund v. Rowe, 472 So. 2d 1145, 1150 (Fla. 1985), the Florida Supreme Court “articulate [ed] specific guidelines to aid trial judges in the setting of attorney fees.” The Court found that the approach used by Federal Courts provided “a suitable foundation for an objective structure.” Id.

Can an attorney's fee be calculated at 90 per hour?

Therefore, the Court held that the fee awarded could not be calculated at a rate exceeding $90 per hour. Compass Const., Inc., 61 So. 3d at 1276. In other words, “the fee for First Baptist’s attorney had to be calculated at the agreed hourly rate in the agreement between the attorney and the insurance company.” Id. The Court concluded that “ [t]he trial court’s award of attorney’s fees to First Baptist at a rate higher than the agreed hourly rate in the applicable fee agreement is inconsistent with Rowe and its progeny.” Id. at 1278.