Courts on AI / Fabricated or misquoted citations
JMOR Properties, LLC v. Artist Alley Townhomes, LLC
District Court of Appeal of Florida, Fourth District · State appellate courts · FL · · No. 4D2026-1787 · opinion
The Florida Fourth District Court of Appeal refers Barry Leff to the Florida Bar after a certiorari petition cited false AI-draft authority. Counsel says he filed the wrong draft; the court finds the petition misrepresented jurisdictional law, lacked controlling adverse authority, and cited non-existent authority.
- Disposition
- The court referred petitioner's counsel to the Florida Bar after a certiorari petition contained false AI-draft citations.
- Recorded conduct
- Petitioner's counsel filed an AI initial draft containing a nonexistent Fourth DCA case and other false citations supporting certiorari jurisdiction. — outcome: referral; actor: lawyer
- Canonical record
- Incident tracker entry — verified outcome, regulator disposition and related rules
What the court wrote
Verbatim from the court's document (public domain). Ellipses mark omitted text; nothing is paraphrased.
Counsel filed a certiorari petition in this case that is riddled with false citations and arguments, including an unsupported allegation that this Court has “repeatedly entertained, and granted, certiorari review of orders vacating clerk’s defaults.” The petition cited a non-existent case allegedly from this Court and cited other cases that do not support this proposition. ... Counsel’s response acknowledges the false citations identified in our order and identifies additional false citations. Counsel accepts responsibility for his deficient filing but alleges that he did not mean to mislead this Court and merely submitted the wrong draft. Counsel explains that his normal process is to have artificial intelligence (“AI”) software research and draft the initial document, and he then verifies every citation and revises the draft. Counsel allegedly did that in this case and removed all the fake and false citations, but while he was making final edits, he inadvertently worked from the wrong version and ended up filing the AI’s initial draft with this Court. ... Thus, counsel’s petition misrepresented the law and cited non-existent authority for the opposite proposition. ... Accordingly, we refer this matter to the Florida Bar for consideration of disciplinary proceedings.
Authorities cited in the passage: Fla. R. Jud. Admin. 2.515(d)(2) · Fla. R. App. P. 9.410(a) · Leibman v. Sportatorium, Inc., 374 So. 2d 1124 (Fla. 4th DCA 1979) · Eclectic Synergy, LLC v. Seredin, 51 Fla. L. Weekly D1061 (Fla. 4th DCA May 27, 2026) · Hessert v. Hessert, 431 So. 3d 610 (Fla. 6th DCA 2026) · Russell v. Mells, 426 So. 3d 913 (Fla. 2d DCA 2025) · R. Regulating Fla. Bar 4-1.1 · R. Regulating Fla. Bar 3-7.18