In short: Florida courts sanction lawyers who miss deadlines or file frivolous papers. Appellate courts hold show-cause hearings; trial courts award fees under § 57.105 after a 21-day safe-harbor notice, or under their inherent power for bad faith with express findings. Clients can lose their case if they wait. If deadlines are being missed, act now: demand status, get new counsel, and protect the record.
The hearings in the videos below are hard to watch: lawyers standing before three-judge panels explaining why briefs were never filed. For the clients, the stakes are higher than for the lawyers.
Appellate Show-Cause Hearings
When a brief is late, the appellate court issues an order to show cause. If the response is inadequate, the court can dismiss the appeal, strike the brief, impose sanctions, or refer the lawyer to The Florida Bar. In a criminal appeal, the court may protect the defendant by appointing new counsel; in a civil appeal, the client’s case can simply end.
Section 57.105 Fees
Florida’s main sanctions statute, § 57.105, allows fees against a party and its lawyer for claims or defenses not supported by material facts or then-existing law. A motion must first be served with 21 days to withdraw the challenged paper (the safe harbor). Courts also sanction unreasonable delay.
Inherent Authority
Courts can sanction bad-faith conduct under their inherent power, but the Florida Supreme Court requires notice, an opportunity to be heard, and an express finding of bad faith tied to specific conduct (Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002)). Before dismissing a case because of a lawyer’s misconduct, a court must weigh the factors in Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993), including whether the client was involved.
What Clients Should Watch For
- Unreturned calls and emails for weeks.
- Missing copies of filed documents.
- Court notices you receive that your lawyer never mentioned.
What Clients Can Do
- Check the docket yourself. Most Florida clerks and appellate courts have online dockets.
- Demand a written status update with deadlines.
- If deadlines have passed, hire new counsel immediately to seek extensions or relief.
- Rules 4-1.3 and 4-1.4 require diligence and communication. A Bar complaint and a malpractice claim are separate options, but neither saves the case; acting fast does.
Watch: the videos behind this article
Attorney Misses Brief Deadlines Three Times — State v. Pierre Sanctions Hearing | 18-3852
When a Lawyer Misses Every Deadline — A Real 5th DCA Sanctions Hearing | Attorney Discipline
Show Cause Case # 25 2597
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate arguments over § 57.105 sanctions, inherent-authority fee awards, and show-cause orders, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Dismissed Within the § 57.105 Safe Harbor — Then Hit With Fees as the Losing Party Anyway?
$210,000 Fee Sanction — Did Inherent Authority Require Notice and Bad-Faith Findings?
Five New Issues in a Reply Brief: An Order to Show Cause Over Appellate Practice
Default as a First Resort: Kozel and the Sanction Reserved for Aggravating Circumstances
Go Deeper
Frequently Asked Questions
What happens when a lawyer misses an appellate deadline in Florida?
The court issues an order to show cause and may dismiss the appeal, strike the brief, sanction the lawyer, or refer the lawyer to The Florida Bar.
What is the 57.105 safe harbor?
A sanctions motion must be served 21 days before it is filed, giving the other side time to withdraw the challenged claim or paper.
Can a court dismiss my case because of my lawyer's mistakes?
It can, but it must first weigh the Kozel factors, including whether the client was personally involved.
What should I do if my lawyer is missing deadlines?
Check the docket, demand a written status, and if deadlines are missed, get new counsel immediately.
Talk to a Florida appeal and litigation lawyer
Weidner Law, P.A. handles Florida appeals from St. Petersburg. If you need an appeal lawyer in St. Petersburg, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the Florida Rules of Civil Procedure, Appellate Procedure, and Judicial Administration are all on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
