Legal Memorandum: Determining the Amount of Sanctions in FL

Issue: Under Florida law, how should the amount of sanctions be determined?

Area of Law: Litigation & Procedure
Keywords: Sanction; Amount of the award; Bad-faith conduct
Jurisdiction: Florida
Cited Cases: 826 So. 2d 221; 50 So. 3d 1154
Cited Statutes: None
Date: 06/01/2015

When fees are awarded as a sanction, the amount of the award must be directly related to the specific bad-faith conduct being sanctioned.  Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002); Bennett v. Berges, 50 So. 3d 1154 (Fla. 4th DCA 2010).


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