United States Eleventh Circuit

In a case arising from a contentious Florida election, a district court's order denying defendant's request for sanctions against three attorneys who represented plaintiff in the underlying matter is affirmed in part where: 1) defendant's motion for Rule 11 sanctions was untimely because the district court had already rejected the offensive pleading at the time defendant moved for sanctions; and 2) counsel did not delay the judicial proceedings after he filed the offending complaint. However, the order is reversed in part where: 1) the district court failed to address defendant's Rule 11 motion for sanctions against certain attorneys; and 2) there was overwhelming evidence that one attorney knowingly pursued a frivolous claim, and thus acted in bad faith.

Appellate Information

• Decided 05/20/2010
• Published 05/20/2010

Judges

• QUIST, District Judge:, Before PRYOR and FAY, Circuit Judges, and QUIST, District Judge.

Court

• United States Eleventh Circuit

Counsel