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Weeki Wachee Springs, LLC v. Southwest Florida Water Management

Citations: 900 So. 2d 594; 2004 Fla. App. LEXIS 18861; 2004 WL 2827145Docket: No. 5D04-2808

Court: District Court of Appeal of Florida; December 9, 2004; Florida; State Appellate Court

Narrative Opinion Summary

This case involves Weeki Wachee Springs and the City of Weeki Wachee, who petitioned for a writ of prohibition, asserting that the circuit court lacked jurisdiction over a dispute involving them. The court denied the petition, determining that the petitioners did not meet the requisite standard to justify the issuance of such a writ. Additionally, the Southwest Florida Water Management District (SFWMD) filed a motion to strike the petition due to non-compliance with Florida Rule of Appellate Procedure 9.100(i), specifically highlighting improper formatting in the petition. The SFWMD further cited a prior incident of similar non-compliance by the petitioners' counsel and sought sanctions. In response, Weeki Wachee’s counsel argued that the petition adhered to the rules, but the court disagreed, emphasizing a pattern of violations. Consequently, the court imposed a sanction of $500 in attorney’s fees on Weeki Wachee’s counsel, payable to SFWMD’s counsel, and prohibited passing this cost onto the clients. The court's decision was concurred by Judges Griffin, Pleus, and Palmer, and the petition was ultimately denied.

Legal Issues Addressed

Compliance with Appellate Procedure Formatting

Application: The court addressed non-compliance with Florida Rule of Appellate Procedure 9.100(i) regarding formatting requirements, leading to the denial of the petition.

Reasoning: The court addressed the Southwest Florida Water Management District's (SFWMD) motion to strike the petition based on non-compliance with Florida Rule of Appellate Procedure 9.100(i).

Sanctions for Non-Compliance with Court Rules

Application: Due to repeated violations of formatting requirements, the court imposed a sanction on the counsel responsible, ordering payment of attorney's fees.

Reasoning: The court deemed a sanction appropriate due to repeated violations, ordering Weeki Wachee’s counsel to pay $500 in attorney’s fees to SFWMD’s counsel within ten days, a sum that cannot be charged to clients.

Writ of Prohibition and Jurisdiction

Application: The court denied the writ of prohibition, finding that the petitioners failed to demonstrate that the circuit court lacked jurisdiction over their dispute.

Reasoning: Weeki Wachee Springs and the City of Weeki Wachee petitioned for a writ of prohibition, claiming the circuit court lacked jurisdiction over their dispute. The court denied the petition, noting that Weeki Wachee failed to meet the necessary standard for such a writ.