MIAMI – A Boca Raton law firm will get the opportunity to argue against a $17,150 penalty imposed on it for trying to hold a lawyer in indirect criminal contempt for releasing the terms of a settlement.
But the firm, The Shir Law Group, had already made the terms a matter of public record, says a decision filed Aug. 10 by the Third District Court of Appeal. Miami-Dade County Judge Veronica Diaz had ordered Shir Law to pay the attorneys fees Javier Lopez had to incur to fight Shir’s motion.
“In denying the motion for the order to show cause, I am finding that the motion should have been withdrawn as it is absolutely clear on its face that there was no violation, as there could not have been a violation when something was already public,” Diaz said.
“I’m granting fees because at that point it became clear, this was not an issue of legal. This was an issue of personalities and that’s just not acceptable.”
Those statements came in a January 2021 hearing on two motions – neither of which concerned possible sanctions against Shir Law.
Diaz followed that hearing with a March 2021 order that required Shir Law and other parties to pay the $17,150 within 30 days.
“(A)lthough the trial court possesses the inherent authority to impose attorneys’ fees for bad faith conduct, the trial court must provide notice and an opportunity to be heard and present evidence prior to entering the sanction,” the Third District wrote.
“The trial court’s failure to allow notice and a hearing prior to entering the sanction order is violative of the Shir Defendants’ due process rights.”