LeRoy H. Merkle, Jr. v. Guardianship of Robert J. Jacoby

Summary

The Florida Second District Court of Appeal sanctioned attorney and appellant LeRoy H. Merkle for failing to promptly notify the court that he had settled the controversy underlying his appeal. The court held that the settlement rendered the appeal moot and violated Florida Rule of Appellate Procedure 9.350(a) and counsel’s duty of candor. Sanctions included a $500 fine, payment of commissioner-related costs, and completion of fifteen additional continuing legal education hours in appellate practice and procedure.

Holdings

1. The appeal became moot when Merkle entered into a settlement obligating him to repay all funds covered by the trial court's order, because an appellate determination of the order's propriety could no longer have an actual effect on the parties' rights.
2. When a pending appeal becomes moot through settlement, Florida Rule of Appellate Procedure 9.350(a), together with counsel's duty of candor, requires counsel to promptly notify the appellate court by filing a signed stipulation for dismissal and to disclose developments that may conceivably affect the outcome.
3. The court had authority to sanction Merkle for failing to provide the immediate settlement notification required by Rule 9.350(a).

Questions Presented

1. Whether Merkle's settlement and repayment of the disputed amount rendered the pending appeal moot.
2. Whether counsel must promptly notify an appellate court of a settlement or other development that may affect the justiciability of a pending appeal.
3. Whether the court had authority to sanction Merkle for failing to notify the court of the settlement in violation of Florida Rule of Appellate Procedure 9.350(a) and his duty of candor.

Disposition

other