Barbara Moakley v. Sheri Smallwood

Summary

The Florida Supreme Court held that trial courts have inherent authority to impose attorneys' fees as a sanction against an attorney for bad faith conduct during litigation, but such sanctions require an express finding of bad faith, detailed factual findings, and prior notice and an opportunity to be heard. The court quashed the Third District's decision because the trial court failed to make the requisite bad faith finding or provide due process, and disapproved conflicting appellate decisions that rejected this inherent authority. The opinion emphasizes that this inherent power must be exercised sparingly and only when no specific statute or rule applies.

Holdings

1. A trial court possesses the inherent authority to impose attorneys' fees against an attorney for bad faith conduct.
2. Exercise of the inherent authority requires an express finding of bad faith conduct supported by detailed factual findings describing the specific acts of bad faith; the award must be directly related to fees and costs incurred by the opposing party as a result of the specific bad faith conduct; the sanction is appropriate only after notice and an opportunity to be heard; and if a specific statute or rule applies, the court should rely on the applicable rule or statute rather than inherent authority.

Questions Presented

1. Whether a trial court possesses the inherent authority to assess attorneys' fees as a sanction against an attorney for the attorney's bad faith conduct during the course of litigation.

Disposition

quashed