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Supreme Court of Florida


MOAKLEY v. SMALLWOOD, SC95471

While a trial court does have inherent authority to order attorneys' fees, where the court does not make an express finding of bad faith (finding only that a subpoena was issued with no reasonable explanation), and fails to provide an attorney with notice and an opportunity to be heard, imposition of attorneys' fees is quashed. (Revised opinion with change in judgment)

Appellate Information

  • Decided 02/28/2002
  • Published 04/25/2002

Judges

  • PARIENTE, J.

Court

  • Supreme Court of Florida

Counsel

  • For Appellant:
  • John P. Fenner, Boca Raton, FL, for Petitioner.

  • For Appellees:
  • Sheri Smallwood, pro se, Key West, FL, for Respondent.
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