![]() ![]() For example, Uhlfelder and his lawyers filed a Nov. Uhlfelder has disputed that the appeal was frivolous, pointing in part to comments that Carroll made when ruling against him. 13 rejected the appeal and, in a somewhat unusual move, ordered Uhlfelder to “show cause … why this court should not impose sanctions, including attorney fees and costs, on him and counsel for filing this appeal, the initial brief, and the request for oral argument, which appear to be frivolous and/or filed in bad faith.” Uhlfelder, represented by Tallahassee lawyers Gautier Kitchen and Marie Mattox, took the case to the 1st District Court of Appeal. “There are 599 circuit judges in Florida at last count, and I don’t think we need to have 599 governors-in-waiting.” “I believe that what I’m being asked to do is substitute my judgment for that of the governor on how to respond to this COVID crisis, which has been somewhat of a moving target,” Carroll said during a telephone hearing at the time. Leon County Circuit Judge Kevin Carroll in April ruled against Uhlfelder, saying the state Constitution gives the governor discretion about handling emergencies. He filed the lawsuit in late March, arguing that the governor should be required to close beaches statewide and issue a “safer at home” order to prevent the spread of the virus.ĭeSantis issued a “safer at home” order but refused to close beaches statewide, though some local governments temporarily imposed beach closures. Uhlfelder has drawn national attention by making public appearances dressed as the Grim Reaper and criticizing the state’s handling of the pandemic. In a concurring opinion, Judge Susan Kelsey indicated she wanted to go further, writing that she “would also impose significant monetary sanctions.” This was unprofessional and an abuse of the judicial process.” “Appellant (Uhlfelder) and his counsel undoubtedly used this court merely as a stage from which to act out their version of political theater. “There was no good faith legal argument to support a claim for such relief in the trial court, and there was certainly no good faith basis to argue legal error on appeal,” said the order by Judge Brad Thomas and Judge Adam Tanenbaum. ![]() RELATED: Florida attorney shares grave concerns in Jacksonville Beachīut the panel sharply criticized Uhlfelder and his lawyers, saying that “they knew or should have known that their ‘demands’ that the Governor ‘close the beaches’ were not validly asserted below (in the circuit court) or on appeal.” ![]()
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