Desantis supports sanctions against lawyer dressed as Grim Reaper on Florida beaches

Tallahassee, Ph.D. – Pointing to what they point to as “unsubstantiated” legal arguments, the Florida government’s attorney, Ron Desantis, has urged the Court of Appeals to allow the Northwest Florida attorney. .

Desantis’ attorneys filed an 11-page document in the 1-page Court of Appeals on Friday alleging that Santa Rosa beach attorney Daniel Ulffelder filed a frivolous appeal after a roundtable judge ruled against him in the beach closure case.

The Tallahassee-based appeals court last month rejected the appeal, raising the possibility of allowing Ulffelder and the lawyers who represented him. It later said that Desantis’ lawyers could file arguments on the issue.

“The many hours that this court and the governor’s administration’s attorneys spent on this appeal may have been spent on a myriad of other important matters related to the health, welfare and safety of Floridians,” Desantis’ attorneys wrote in the document Friday. “The appellant (ulfelder) must have known or should have known that filing this appeal was frivolous. The appellant and his advice should be allowed accordingly.”

But Ulffelder and his attorneys denied in the November 27 court document that the appeal was filed in trivial or bad faith. They focused on comments made by Leon County Circuit Judge Kevin Carroll in April when sentencing against Ulffelder in the case.

For example, they quoted Carol as saying that Ulffelder “has an understandable concern that he has raised here, and that I believe he pursued this matter in good faith, and that Covid is looking for what he believes is a viable alternative to the crisis.”

“The trial court explicitly recognized Mr. Wolffelder’s reasonable ‘concern for the people of the state of Florida,'” the Nov. 27 document said. “Although the learned trial judge did not explicitly direct Mr. Wolffelder to appeal, he and his attorneys must now show cause, and the trial court explicitly encouraged the appeal. Thus motivated Mr. Wolffelder immediately made an appeal.”

Ulffelder filed the lawsuit in late March, arguing that the governor should close statewide beaches and issue a “home safe” order to prevent the virus from spreading. Desantis issued a “home safe” order, but refused to close statewide beaches, despite some local governments imposing temporary beach closures.