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Plaintiff Denied Fees Due to Lawyer’s Knowing Testimony Failure

Aug. 5, 2022, 9:09 PM

An attorney representing a man in a loan dispute with his former wife won’t get another chance to provide expert testimony as part of a bid for attorneys’ fees stemming from a discovery violation by the defendant’s counsel, a Florida appeals court ruled on Friday.

J. Kevin Carey represents Michael Todd Flatt, who sued his former spouse, Marci Beth Baron-Flatt, regarding an alleged loan. Baron-Flatt failed to attend a scheduled deposition at the advice of her attorney, J. Carlton Mitchell, and Flatt moved for discovery sanctions against Mitchell.

The trial court granted the motion for sanctions against Mitchell. At a ...