2/5/2016 4:09 PM FILED FOR RECORD IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIA1VII-DADE COUNTY, FLORIDA LATASHA Q. JOHNSON CASE NO.: 12-010651-FC Petitioner, V. ERIC D. READON, Respondent. ORDER GRANTING THE GUARDIAN AD LITEM'S MOTION FOR SANCTIONS THIS CAUSE came before this Honorable Court on the 5th day of February on the Court Appointed Guardian Ad Litem's "Notice of Filing Emails from Eric Readon, Sr. and Request for Sanctions" dated January 25, 2016 and "Supplemental Notice of Filing Emails from Eric Readon, Sr. and Motion for Sanctions" dated January 31, 2016. This Honorable Court, after hearing argument from counsel for the Respondent, the Guardian Ad Litem, and the State Attorney's Office, receiving evidence, and being fully advised of the premises, hereby finds: 1. On November 17, 2015, Beranton J. Whisenant, Jr., a partner at Foley & Mansfield, PLLP, was appointed by this Honorable Court to serve as the Guardian Ad Litem for Eric D. Readon, Jr., a minor child, pursuant to Section 61.403, Florida Statutes. 2. During the investigation of the allegations contained in the Respondent's Amended Petition to Modify Timesharing and Parental Responsibility, the Guardian Ad Litem requested the Respondent to only communicate with him through his attorney, Andrew Kassier, Esq. 1
3. After submission of the Guardian Ad Litem's Report and Recommendation, the Respondent began sending harassing and inappropriate emails and making inappropriate and harassing telephone calls to the Guardian Ad Litem or employees at Foley & Mansfield, PLLP. 4. On January 25, 2016, the Respondent was instructed, by the Guardian Ad Litem, not to contact him and to only communicate through counsel. 5. On January 25, 2016, the Respondent sent at least three (3) harassing emails to the Guardian Ad Litem. In the emails, the Respondent threatened to sue the Guardian Ad Litem and Foley & Mansfield, PLLP. The Respondent was again advised not to contact the Guardian Ad Litem. 6. On January 26, 2016, the Respondent sent an email to the Guardian Ad Litem. Again, he was advised not to contact the Guardian Ad Litem. 7. On January 27, 2016, the Respondent sent six (6) emails to the Guardian Ad Litem. Again, he was advised not to contact the Guardian Ad Litem. 8. On January 28, 2016, the Respondent sent an email to the Guardian Ad Litem threatening to file a Georgia Bar complaint. It is noted that while the Guardian Ad Litem is licensed to practice law in Georgia, the jurisdiction has nothing to do with the instant case. Thus, the Respondent's threat serves no legitimate purpose other than to harass. 9. On January 29, 2016, the Respondent sent an email to the Guardian Ad Litem and the Guardian Ad Litem's legal assistant. The email also contained a picture of a dead body. 10. On February 1, 2016, the Respondent called the national office of Foley & Mansfield, PLLP to complain about the Guardian Ad Litem's bill and to threaten the firm with a lawsuit based upon the Guardian Ad Litem's January 25, 2016 Report and Recommendation. The Respondent was instructed not to contact Foley & Mansfield, PLLP. 2
11. There is record evidence to support a finding that the Respondent has knowingly, intentionally, and maliciously cyber-stalked, harassed, and threatened the Guardian Ad Litem, Foley & Mansfield, PLLP, and its employees for no legitimate purpose. The Respondent malicious conduct resulted in the unnecessary incurrence of attorneys' fees, costs, and expenses. As such, the Respondent's conduct is supportive of a finding of bad faith and the imposition of sanctions. 12. The trial court possesses the inherent authority to sanction and impose attorneys' fees against a party as a sanction. Bennett v. Berges, 50 So. 3d 1154 (4th DCA 2010), Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002). 13. While the Respondent has a due process right to challenge the Guardian Ad Litem's Report and Recommendation, he does not have a right to harass, threaten, cyber-stalk, or attempt to intimidate the Guardian Ad Litem, Foley & Mansfield, PLLP, its partners, or its employees. The Respondent's conduct is inappropriate and sanctions are appropriate and warranted. 14. This Honorable Court further finds that the Respondent may have anger management issues. The Court therefore enters a separate order requiring Respondent to report to Family Court Services for a referral to anger management classes. It is hereby ORDERED and ADJUDGED as follows: The Guardian Ad Litem's motions for sanctions are GRANTED. The Respondent shall have no contact with Beranton J. Whisenant, Jr., Foley & Mansfield, PLLP, or any employee at Foley & Mansfield, PLLP. The Respondent is prohibited from calling, emailing, writing, texting, or using any other method to communicate any word, 3
document, expression, or image to Beranton J. Whisenant, Jr., Foley & Mansfield, PLLP, or any employee at Foley & Mansfield, PLLP. The Respondent is only permitted to communicate with Beranton J. Whisenant, Jr. or Foley & Mansfield, PLLP through his counsel, Andrew Kassier, Esq. The Respondent shall not enter upon any property in which Foley & Mansfield, PLLP is located nationwide, including the property located at 4770 Biscayne Boulevard, Miami, Florida 33137. The Respondent shall complete a certified anger management class, within thirty (30) days of receiving the referral from Family Court Services, and shall forthwith file the certificate of completion with the Clerk of the Court Beranton J. Whisenant, Jr., the court appointed Guardian Ad Litem, is entitled to attorneys' fees, costs, and expenses associated with the Respondent's conduct leading up to the motions for sanctions, drafting the motion for sanctions, prepare for the hearing on the motions for sanctions, attending the hearing on the motions for sanctions, and drafting the order pertaining to the motions for sanctions. However, this Honorable Court will reserve on the amount and payment. This Honorable Court reserves on whether the Respondent shall be responsible for the fee for the Court Reporter at Phipps Reporting, 100 Southeast Third Avenue, Suite 2200, Fort Lauderdale, Florida 33394 that was present at the February 5, 2016 hearing on the motions for sanctions. The Respondent is permitted to file an amended petition for the initial determination of parental responsibility and timesharing. This Honorable Court maintains jurisdiction to enforce compliance with this Order. 4
DONE and ORDERED on this day of Feb, 2016 in chambers in the City of Miami, Miami-Dade County, Florida. THE honorable ABBY CYNAMON Circuit Court Judge cc: Andrew Kassier, Esq., Counsel for the Respondent, 4500 South LeJune Road, Coral Gables, Florida 33146 (kassiera@aol.com) Ms. Latasha Johnson, Petitioner/Pro Se Litigant, 24480 Southwest 129th Court, Miami, Florida 33032 (latashj@yahoo.com) State Attorney's Office, 601 Northwest 1st Court, 12th Floor, Miami, Florida 33136 (childsupportservice@miamisao.com) Beranton J. Whisenant, Jr., Esq., Foley & Mansfield, PLLP, Court Appointed GAL, 4770 Biscayne Boulevard, Suite 1000, Miami, Florida 33137 (bwhisenant@foleymansfield.com) 5