Automated Summary
Key Facts
Appellant Raziel Ofer attached a purported email to court filings alleging that appellee's counsel and a trial judge committed bribery. A commissioner conducted an evidentiary hearing and found no credible evidence supporting Ofer's claim that appellee's counsel created the email. The commissioner determined Ofer's testimony was conclusory and contradicted by evidence, concluding that Ofer fabricated the email. The court adopted the commissioner's findings and imposed sanctions barring Ofer from any future filings before this Court without review and signature of a Florida Bar member, dismissing the appeal.
Issues
The court addressed whether the appellant fabricated a purported email submitted in court filings and imposed sanctions for fraud on the court through unsubstantiated allegations and fraudulent creation of evidence, specifically finding that Ofer created the email rather than the appellee's counsel and barring him from future filings without review by a Florida Bar member in good standing
Holdings
The court adopted the commissioner's report finding that appellant Raziel Ofer fabricated or caused the fabrication of an email alleging bribery against appellee's counsel and the trial judge. The court imposed sanctions barring Ofer from any future filings before this Court without review and signature of a member in good standing of the Florida Bar, dismissed the appeal, and denied all pending motions as moot.
Remedies
- Raziel Ofer is barred from any filing before the Third District Court of Appeal absent the review and signature of a member in good standing of the Florida Bar.
- All pending motions are denied as moot.
- The appeal is dismissed. All pending motions are denied as moot.
Legal Principles
The appellant bears the burden to show cause why sanctions should not be imposed for frivolous or bad faith filings. The court may impose sanctions for violations of rules or for filing documents that are frivolous or in bad faith, including reprimand, contempt, dismissal of proceedings, costs, or other sanctions. The appellant failed to provide factual support for an alternative conclusion to the commissioner's findings, and the weight of evidence points to the appellant creating the original email.
Precedent Name
Azran Miami 2, LLC v. US Bank Tr., N.A.
Cited Statute
Florida Rules of Appellate Procedure
Judge Name
- Judge Lindsey
- Judge Bokor
- Carlos Guzman
- Chief Justice Scales
- Mavel Ruiz
Passage Text
- The commissioner did not find Ofer credible and found appellee Drexel Financial Services, LLC's counsel's argument credible and compelling. The commissioner concluded that Ofer failed to provide any evidence that Drexel's counsel created the email and that instead, it is likely that Ofer fabricated or caused the email to be fabricated.
- The Court imposes the following sanction: Raziel Ofer is barred from any filing before this Court absent the review and signature of a member in good standing of the Florida Bar. The appeal is dismissed. All pending motions are denied as moot.