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Courts on AI / Fabricated or misquoted citations

Davos Francois v. Vive Financial

Florida Fourth District Court of Appeal · State appellate courts · FL · · 2026 WL 758289 · No. 4D2025-2088 · opinion

On 2026-03-18, Florida Fourth District Court of Appeal affirmed and cautioned the appellant that future briefs with nonexistent authorities may result in sanctions. A self-represented party submitted a motion with multiple fabricated or nonexistent authorities, including Friend v. Serpa and Phadael v. Deutsche Bank Tr. Co. Ams., 83 So. 3d 893, 895.

Disposition
The court affirmed and cautioned the appellant that future briefs with nonexistent authorities may result in sanctions.
Recorded conduct
The motion used multiple fabricated or nonexistent authorities, including Friend v. Serpa and Phadael v. Deutsche Bank Tr. Co. Ams., 83 So. 3d 893, 895, which the court found nonexistent, misquoted, or unsupported. — outcome: warning; actor: litigant in person
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.

[March 18, 2026] intelligence to assist in these submissions must ensure their Appeal from the County Court for the Seventeenth Judicial accuracy.” Friend v. Serpa, 425 So. 3d 51, 51 (Fla. 4th DCA Circuit, Broward County; Michele McCaul Ricca, Judge; L.T. 2025) (cautioning the pro se litigant about sanctions for citing Case No. COCE22-048202. “phantom authority”). Attorneys and Law Firms Appellant is cautioned that future filings containing nonexistent authorities may result in sanctions. Fla. R. App. Davos Francois, Miramar, pro se. P. 9.410(a). Landon Morley of Lotane & Associates, P.A., Cocoa, for Artificial intelligence may assist in research and drafting, but appellee. it cannot replace the lawyer's or litigant's duty to ensure that Opinion every authority cited is real, accurate, and applicable. The responsibility for what is filed rests with the human author, Ciklin, J. not the machine. *1 Appellant, acting pro se, seeks review of an order denying Affirmed. his motion to vacate a default final judgment under Florida Rule of Civil Procedure 1.540(b). Lack of standing cannot be raised for the first time in a rule 1.540 motion. Phadael v. Deutsche Bank Tr. Co. Ams., 83 So. 3d 893, 895 (Fla. 4th DCA Kuntz, C.J., and Gross, J., concur. 2012). Additionally, “[e]ven where a judgment is entered in favor of a plaintiff that lacks standing, the judgment is merely voidable, not void.” Id. Accordingly, we affirm. --- So.3d ----, 2026 WL 758289

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