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Jorgenson v. County of Volusia

United States Court of Appeals for the Eleventh Circuit
846 F.2d 1350 (11th Cir. 1988)


Attorneys Eric Latinsky and Fred Fendt filed an application in federal district court on behalf of their client Terry Jorgenson (plaintiff), seeking a temporary restraining order and preliminary injunction. In support of the application, Latinsky and Fendt also filed a memorandum of law challenging the validity of a local ordinance enacted by the County of Volusia (county) (defendant). The memorandum did not cite or discuss two relevant cases that were adverse to Latinsky and Fendt’s arguments. In particular, Latinsky had participated in City of Daytona Beach v. Del Percio, 476 So.2d 197 (1985), in which the Florida Supreme Court decided that the county’s local ordinance was entitled to a presumption of validity. Latinsky and Fendt did not advise the district court that the Del Percio case had been decided, and even made arguments directly in opposition to the Del Percio holding. The opposing counsel cited to the Del Percio case in briefs to the district court. The district court sanctioned Latinsky and Fendt under Federal Rule of Civil Procedure (FRCP) 11 for failing to cite the two adverse but controlling cases. Latinsky and Fendt appealed the sanctions.

Rule of Law


Holding and Reasoning (Per Curiam)

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