Bernhard Law Firm PLLC, trial counsel for a defendant in an action alleging violation of the Adult Protective Services Act, secured a major litigation victory in a Florida fraud and abuse case when the Court granted a Motion to Compel and for Sanctions, ordered monetary sanctions, and dismissed the plaintiff’s case without prejudice due to egregious discovery misconduct.

This ruling—issued on January 27, 2026—reinforces why Bernhard Law Firm is recognized with FraudLawyersFlorida.com for handling complex fraud, abuse-of-process, and bad-faith litigation throughout Florida. (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result, or same or similar results). If you have questions about fraud, elder abuse, or violation of the Adult Protective Services Act, please contact Bernhard Law Firm at www.bernhardlawfirm.com, 786-871-3349, abernhard@bernhardlawfirm.com. For more information on this case and filings, please see Miami-Dade Circuit Civil Case No. 2024-004452-CA-01.

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Florida Fraud Case Background

The lawsuit arose from a 2014 family loan made by the plaintiff to her son. The loan was documented by a written, notarized contract with witnesses, complied with all legal requirements, and was largely repaid. There was no breach of contract.

More than eleven years later, the plaintiff filed suit under the Adult Protective Services Act, asserting that her son committed fraud and exploitation based solely on her age at the time of the loan. As detailed in filings by Bernhard Law Firm, the plaintiff was not a statutorily vulnerable adult in 2014, and the allegations were unsupported by the evidence.

Bernhard Law Firm further demonstrated that the litigation was driven by third parties who had used the plaintiff’s name to pursue serial litigation against family members, prompting third-party claims for fraud, contribution, and abuse of process.

Court-Ordered Discovery Ignored

As the Court’s order confirms, discovery abuses permeated the case.

Despite a prior court order compelling the plaintiff to sit for deposition, and despite properly noticed New York depositions duces tecum, the plaintiff:

• Failed to appear for her deposition
• Failed to produce a single document
• Failed to respond to subpoenas or requests for production
• Failed to object or seek a protective order
• Failed to respond to the sanctions motion
• Failed to appear at the sanctions hearing

The motion for sanctions alleged and evidenced that third-party defendants appeared but admitted under oath that they did not search for or review any documents, while their counsel repeatedly instructed them not to answer questions without any valid privilege—conduct that directly violated Florida discovery rules.

These tactics prevented meaningful discovery into the fraud allegations, jurisdictional issues, and the factual basis of the claims.

Significant Prejudice and Financial Harm

Because the depositions were ordered to take place in New York, the defendant and his counsel—Bernhard Law Firm PLLC—traveled for multiple days, incurring substantial costs for airfare, lodging, court reporters, interpreters, meeting space, and attorney preparation.

The Court accepted evidence showing approximately $24,000 in total New York deposition expenses, concluding that the plaintiff’s willful noncompliance caused direct financial harm and denied the defendant his due-process right to defend against the claims.

Court Grants Sanctions and Dismisses Case

In granting the motion filed by Bernhard Law Firm, the Court found:

• Willful violation of court orders and discovery obligations
• Bad-faith refusal to participate in discovery
• Sufficient prejudice to the defense

As a result, the Court:

• Granted sanctions
• Ordered the plaintiff to pay $8,000.00 to Bernhard Law Firm PLLC
• Dismissed the plaintiff’s fraud claims and case
• Retained jurisdiction to enforce the sanctions and issue further relief

Why This Matters for Florida Fraud Litigation

This ruling underscores a critical principle for anyone involved in Florida fraud litigation: courts will not tolerate parties who pursue fraud claims while obstructing discovery and ignoring court orders.

As highlighted through FraudLawyersFlorida.com, Bernhard Law Firm PLLC continues to represent individuals and businesses facing fraud claims, abuse-of-process lawsuits, and bad-faith litigation tactics—and to obtain decisive results when opposing parties refuse to litigate fairly.

About Bernhard Law Firm PLLC

Bernhard Law Firm PLLC is a Florida-based trial firm focused on fraud, complex commercial disputes, and high-conflict litigation. The firm’s fraud practice and case results are featured at FraudLawyersFlorida.com, a resource dedicated to Florida fraud defense and prosecution matters. If you have questions about fraud, elder abuse, or violation of the Adult Protective Services Act, please contact Bernhard Law Firm at www.bernhardlawfirm.com, 786-871-3349, abernhard@bernhardlawfirm.com. For more information on this case and filings, please see Miami-Dade Circuit Civil Case No. 2024-004452-CA-01.