SANCTIONS?? I just filed a motion for sanctions concerning Plaintiff's boilerplate responses, this, after a previous motion to

Asked over 1 year ago - Fort Lauderdale, FL

compel. The compliance to that motion by Plaintiff was to send the boilerplate answers to the interrogatories. (This is a foreclosure case) Included in the motion was the governing Florida statutes that expressly state that boilerplate will not be accepted; and, in addition, I identified appellate cases that directly apply to my situation. As a final nail, I attached exhibits that displayed the two dozen boilerplate answers in red, along with the interrogatories. What might be the "odds" of a monetary award, since I did suggest a dollar figure?.

Additional information

Ok, all have stated no monetary sanctions for me. But then I wonder, if the facts are true as I've presented them, that there's been little to no compliance, state statues have been violated, I have cases supporting my position, and complete transcripts of plaintiff's bolierplate, and the judge rules against me, anyway, can this kind of motion be appealed? Or, are motions' decisions not appealable?

Attorney answers (7)

  1. Clifford M. Miller

    Pro

    Contributor Level 19

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    chosen by asker

    Answered . Monetary award: Minimal chance. Basically only if the judge gets really annoyed and decides to punish the other lawyer, even though case law does not support that type of sanction - no attorney means no attorney's fees as a sanction, and other monetary sanctions are unlikely.

    But, keep at it. Eventually the judge may get annoyed enough to impose the one important sanction that case law does support: Dismissal of the case against you. (It would be without prejudice though, so it could be re-filed).

    You should hire a lawyer if you want to play in this arena and hope to have a chance to win.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  2. Eugene P. Castagliuolo

    Contributor Level 16

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    Answered . Probably slim to none. Unfortunately, most judges aren't holding foreclosure plaintiffs (or their lawyers) hands to the fire. Good luck!

    If you think my response is the best response, it would help me if you would indicate that. Also, please note... more
  3. William Emil Cassara

    Pro

    Contributor Level 18

    9

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    Answered . Usually sanctions are attorney's fees. As you are not an attorney, no fees.

  4. Sagi Shaked

    Pro

    Contributor Level 13

    5

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    Answered . I agree with others.

    Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877)... more
  5. Jeffrey Ira Schwimmer

    Contributor Level 19

    5

    Lawyers agree

    Answered . Fear not - you will get the best answer to your inquiry shortly when the judge issues a decision/order on your motion.

  6. Matthew C Simon

    Pro

    Contributor Level 18

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    Lawyers agree

    Answered . In general, attorneys' fees and/or sanctions are RARELY awarded in my experience in NJ and NY.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  7. Natalie F Guerra-Valdes

    Contributor Level 13

    3

    Lawyers agree

    Answered . Sanctions for discovery violations are usually awarded in the form of payment of attorney's fees. Because you are pro se, the judge will probably not award monetary sanctions. I suggest that you retain an attorney to help you defend the foreclosure action. Oftentimes, banks know that they can get away with a lot more when the defendant is pro se. Many attorneys on here, including myself, offer free initial consultations. Best of luck!

    Natalie Guerra-Valdes
    (954)764-7878
    nvaldes@valdeslawfirmpa.com
    www.valdeslawfirmpa.com

    The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The... more

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