JENNINGS HURT III ESQUIRE v. ORLANDO REGIONAL MEDICAL CENTER ORLANDO REGIONAL HEALTHCARE SYSTEMS INC HOWARD SMITH (2023)

Attorney Jennings L. Hurt, III (“Hurt”) appeals a final order imposing monetary sanctions against him.¹ Finding no abuse of discretion and no violation of due process, we affirm the trial court's order. Plaintiff, Laurie Johnson (“Johnson”) cross-appeals, raising two issues. First, Johnson contends that the trial court erred by ordering Hurt to pay only certain trial costs but not her attorney's fees. As to this issue, we also find that the trial court did not abuse its discretion in limiting the sanctions to trial costs and affirm. Second, Johnson contends that the trial court erred by denying a separate motion requesting sanctions against Orlando Regional Medical Center (“ORMC”). As to this issue, ORMC correctly argues that this court lacks jurisdiction. Accordingly, we dismiss this portion of the cross-appeal. See Breakstone v. Baron's of Surfside Inc., 528 So. 2d 437, 439 (Fla. 3d DCA 1988) (“It is not [ ] the function of a cross appeal to seek review of a distinct and separate appealable order which does not otherwise ‘merge’ into the order or orders from which the main appeal is taken.”).

FOOTNOTES

1.   This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.

NARDELLA, J.

WOZNIAK and SMITH, JJ., concur.