Third District Court of Appeal State of Florida Opinion filed August 10, 2022. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D21-0988 Lower Tribunal No. 16-1219 ________________ The Shir Law Group, P.A., et al., Appellants, vs. Dario Carnevale, et al., Appellees. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Veronica Diaz, Judge. ADR Miami, LLC, and Juan Ramirez, Jr.; Robert E. Menje, PLLC, and Robert E. Menje (Okeechobee), for appellants. Dario Carnevale and Flavia Carnevale, in proper persons. Before LOGUE, LINDSEY, and GORDO, JJ. PER CURIAM. Appellants, The Shir Law Group, P.A.; Guy M. Shir; Stuart J. Zoberg; ZTJ Recovery, Inc.; and Jodi Shir (the “Shir Defendants”), appeal an order imposing attorneys’ fees in the amount of $17,150 against them as a sanction. Because the trial court did not provide adequate notice and an opportunity for an evidentiary hearing prior to entering its sanction order, we reverse. I. BACKGROUND In May of 2019, the Shir Defendants filed a “Motion for An Order to Show Cause Why Javier A. Lopez, Esq. Should Not Be Held in Indirect Criminal Contempt for His Acts and Violations of a Confidentiality Order.” Specifically, the Shir Defendants alleged Mr. Lopez disclosed the contents of confidential settlement agreements in violation of a court order. In response, almost two years later, in January of 2021, Flavia Carnevale and Dario Carnevale (the “Carnevales”) filed a “Cross Motion for Sanctions Against Robert Menje for Litigation Misconduct, Order to Conduct Himself in a Civil and Professional Manner, and Referral to the Florida Bar.”1 Four days later, the trial court conducted a hearing on the two motions. In denying both motions, the trial court made the following findings: 1 Mr. Lopez represents the Carnevales, and Mr. Menje represents the Shir Defendants. Mr. Lopez claims he did not move for sanctions pursuant to section 57.105, Florida Statutes. 2 The evidence that has been presented to the Court show[s] that the Shir Lawyers and the co-litigants and all their lawyers disclosed the information in the public record prior to Mr. Lopez doing so. .... There is no way that a court can find that someone should be held in contempt for -- I’m sorry, held in indirect criminal contempt when there was no violation of any court order. There was no violation of any court order in this case, and while I understand that the parties, the litigants themselves, the attorneys in this case are very passionate about the issue, at the end of the day, we are all human beings first and we owe each other a certain level of respect. If we cannot act with respect, then it’s not just our profession, but humanity overall that loses. It’s not okay. The motion will be denied, as well as the cross-motion for sanctions against Mr. Menje. .... In denying the motion for the order to show cause, I am finding that the motion should have been withdrawn as it is absolutely clear on its …

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