DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
July Term 2005
MARC H. GOLD and BARBARA A. GOLD,
ROCKY RODRIGUEZ, as Broward County Property Appraiser, and
GAYLORD A. WOOD, JR.,
[November 23, 2005]
This is an appeal from an order denying a motion for attorney’s fees
and sanctions after a remand following an appeal in this court. See
Markham v. Gold, 866 So. 2d 777 (Fla. 4th DCA 2004). We hold that the
trial judge did not abuse her discretion in finding that the property
appraiser’s attorney’s conduct in connection with false and frivolous
allegations contained in an amended complaint was not sufficiently
egregious to merit the imposition of sanctions against him. See Moakley
v. Smallwood, 826 So. 2d 221 (Fla. 2002); Bitterman v. Bitterman, 714
So. 2d 356 (Fla. 1998). The trial court declined to find that the attorney
acted “in bad faith, vexatiously, wantonly, or for oppressive reasons.”
Moakley, 826 So. 2d at 224; Bitterman, 714 So. 2d at 365. Based on the
record before us, we cannot conclude that the trial court committed legal
error. Consequently, the outcome of the matter was properly reposed in
the court’s discretion.
STEVENSON, C.J., POLEN and SHAHOOD, JJ., concur.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Fredricka G. Smith, Judge; L.T. Case No. 98-12646
Barbara A. Heyer of Heyer & Associates, P.A., Fort Lauderdale, for
Gregory Durden of Gregory Durden, P.A., Fort Lauderdale, for
appellee Rocky Rodriguez.
J. Christopher Woolsey of the Law Offices of J. Christopher Woolsey,
LLC, Fort Lauderdale, for appellee Gaylord A. Wood, Jr.
Not final until disposition of timely filed motion for rehearing.