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Law360 (December 14, 2020, 11:41 PM EST) -- Lawyers for Florida Gov. Ron DeSantis have urged a state appeals court to sanction an attorney who asked the courts to impose beach closures and a statewide stay-at-home order amid the COVID-19 pandemic, calling his arguments in a failed appeal "frivolous" and "baseless."
The attorneys said in a filing on Friday that the court should sanction Santa Rosa Beach attorney Daniel W. Uhlfelder for his appeal after a circuit judge initially ruled against him in the lawsuit. The appeals court said in an order last month that Uhlfelder could face sanctions when it shot down his appeal.
"The present appeal, which fails to articulate even an arguable basis for reversal, is an axiomatic example of abuse of the justice system. Appellant's empty political posturing warrants repercussions," the filing said.
The governor's attorneys argued the hours spent by the court and lawyers who worked for DeSantis on the appeal could have been used on other pressing matters related to the health, welfare and safety of Floridians.
Uhlfelder, who made waves appearing as the Grim Reaper across the state during the COVID-19 pandemic, argued in his July appeal that the trial court erred by dismissing his case based on findings that it lacked authority to question the governor's decisions and that his request for emergency injunctions are barred by the separation of powers doctrine.
The Florida Constitution grants citizens inalienable rights to enjoy and defend life and liberty, which obligates DeSantis to take basic steps to protect their lives, Uhlfelder said, and the governor's failure to do so in the face of the coronavirus' spread means other branches of government must step in.
Uhlfelder filed his suit on March 20 in Leon County Circuit Court at a time when the governor had issued an order banning large gatherings and required social distancing on state beaches but was resisting calls to use his broad powers under the state's emergency management statute to close all state beaches and follow the example of numerous other states by issuing a stay-at-home order as the new coronavirus started to spread in the U.S.
Uhlfelder is represented by himself, Gautier Kitchen of The Kitchen Law Firm and Marie A. Mattox PA.
DeSantis is represented by Deputy General Counsel Nicholas A. Primrose of the Executive Office of the Governor.
The case is Uhlfelder v. DeSantis, case number 1D20-1178, in the First District Court of Appeal of Florida.
--Additional reporting by Dave Simpson and Nathan Hale. Editing by Janice Carter Brown.
For a reprint of this article, please contact reprints@law360.com.
