Equity Lifestyle Properties, Inc. v. Florida Mowing and Landscape Service, Inc.

Filing 217

OPINION AND ORDER denying 196 Motion for attorney fees; denying 203 Motion for sanctions. See Opinion and Order for details. Signed by Judge John E. Steele on 2/3/2009. (RKM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION EQUITY LIFESTYLE PROPERTIES, INC., Plaintiff, vs. Case No. 2:05-cv-165-FtM-29SPC

FLORIDA MOWING & LANDSCAPE SERVICE, INC., Defendant. ___________________________________ FLORIDA MOWING & LANDSCAPE SERVICE, INC., Plaintiff, vs. EQUITY LIFESTYLE PROPERTIES, INC., f/k/a MANUFACTURED HOME COMMUNITIES, INC., Defendant. ___________________________________ OPINION AND ORDER This matter comes before the Court on Florida Mowing and Landscape Service, Inc.'s Motion for Attorney's Fees Pursuant to Rule 52(d)(2) (Doc. #196) and Equity Lifestyle Properties, Inc.'s Motion for Rule 11 Sanctions Against Counsel for Florida Mowing (Doc. #203). Responses (Docs. #199, 204) and, with the permission Florida Mowing Case No. 2:05-cv-187-FtM-29SPC

of the Court, a Reply (Doc. #215) have been filed.

and Landscape Service, Inc. (Florida Mowing) seeks attorney fees as sanctions against current counsel pursuant to FED. R. CIV. P. 11 and 28 U.S.C. § 1927, and Equity Lifestyle Properties, Inc. (Equity

Lifestyle) seeks sanctions pursuant to Rule 11 for the filing of a "frivolous" motion by Florida Mowing. The standards under both Rule 11 and § 1927 are well-

established. Amlong & Amlong, P.A. v. Denny's, Inc., 500 F.3d 1230 (11th Cir. 2006)(§ 1927); Hudson v. Int'l Computer Negotiations, Inc., 499 F.3d 1252, 1261-62 (11th Cir. 2007)(§ 1927); Kaplan v. DaimlerChrysler, A.G., 331 F.3d 1251, 1255 (11th Cir. 2003)(Rule 11); Anderson v. Smithfield Foods, Inc., 353 F.3d 912, 915 (11th Cir. 2003)(Rule 11). Under these standards, it is clear that

Florida Mowing's motion was not frivolous or baseless. The Court's observations in its Opinion and Order (Doc. #132) dismissing the Third Amended Complaint were sufficient to justify filing of the motion by Florida Mowing. Florida Mowing's motion The much closer question is whether should be granted. After much

consideration, the Court concludes that the conduct of Equity Lifestyle's new attorney did not rise to the level of sanctionable conduct. New counsel was not involved in the proceedings which

resulted in the mistrial, and while the Third Amended Complaint was dismissed, dismissal is not necessarily indicative of the type of conduct required to impose sanctions. Accordingly, it is hereby ORDERED AND ADJUDGED:

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1.

Florida Mowing and Landscape Service, Inc.'s (Florida

Mowing) Motion for Attorney's Fees Pursuant to Rule 52(d)(2) (Doc. #196) is DENIED. 2. Equity Lifestyle Properties, Inc.'s (Equity) Motion for

Rule 11 Sanctions Against Counsel for Florida Mowing (Doc. #203) is DENIED. DONE AND ORDERED at Fort Myers, Florida, this February, 2009. 3rd day of

Copies: Counsel of record

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