Incident Tracker / United States (state)
JMOR Properties, LLC v. Artist Alley Townhomes, LLC, No. 4D2026-1787 (Fla. 4th DCA)
After dismissing a certiorari petition that cited a fabricated Fourth District decision, Florida's Fourth District Court of Appeal considered counsel's show-cause response and imposed the sanction of referral to The Florida Bar. The court said it felt compelled to do so under Florida's amended Rule 2.515(d)(2), which requires signers to certify that cited authorities exist.
- Court
- Florida Fourth District Court of Appeal
- Date
- 2026-08-12
- Who used the AI
- Lawyer
- AI tool
- Not identified in the record
- Conduct
- Attorney Barry M. Leff's petition for certiorari cited a nonexistent Fourth District opinion and cited real cases for propositions they did not support. After dismissing the petition, the court ordered counsel to show cause and considered his response before imposing a sanction.
- Outcome
- Regulatory referral
- Penalty
- No monetary penalty recorded
- Regulatory outcome
- The Florida Bar: Court referred counsel to The Florida Bar under Fla. R. Gen. Prac. & Jud. Admin. 2.515(d)(2) and Bar Rule 3-7.18(a)(2). No disposition on record. (2026-08-12)
- Status
- Verified against listed sources
- Last checked
- 2026-09-03
What was fabricated or misused
- non-existent Fourth District case allegedly granting certiorari review of orders vacating clerk's defaults; the opinion did not name it
- other cited cases that did not support the proposition that the Fourth District repeatedly entertained and granted certiorari review of orders vacating clerk's defaults
- additional false citations acknowledged in counsel's response; the opinion did not list them
What the court said
“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.””
“Counsel’s response acknowledges the false citations identified in our order and identifies additional false citations.”
“Counsel’s explanation that he mistakenly submitted the wrong draft of the petition does not excuse the failure to verify the accuracy of all citations in his filing.”
“Accordingly, we refer this matter to the Florida Bar for consideration of disciplinary proceedings.”
Timeline
- Court dismissed the certiorari petition and ordered counsel to show cause.
- Counsel filed a response acknowledging false citations and accepting responsibility.
- Court referred counsel to The Florida Bar for disciplinary consideration.
Why this case matters
JMOR is the Florida counterpart to records such as Russell v Mells and Wadsworth v Walmart. The court did not impose a money sanction; it used referral to The Florida Bar as the sanction after Florida's amended certification rule required lawyers to certify that cited authorities exist. The wrong-draft explanation also links the case to Coomer v Lindell, where a claimed version-control failure did not answer Rule 11 duties. For the tracker, JMOR records how a short appellate order can turn a fabricated case into a licensing issue even after counsel accepts responsibility.
Practice note
Version control must be part of citation review. Before filing, compare the final PDF against the verified draft, not just the word-processing file. Under Florida Rule 2.515(d)(2), the signer should keep a list showing each authority was opened, exists, and supports the proposition in the filed version.
Primary sources for this incident
Related regulation records for this incident
No related regulation record has been linked to this incident yet.
Similar incidents on the record
- Cervantes v. Bianco, No. S295866 (Cal. Sept. 24, 2026)2026-09-24 · Supreme Court of California · Regulatory referralIn California, the state Supreme Court disapproved the improper use of AI tools in the Riverside County sheriff's briefing in a ballot-seizure writ case, after the law firm misquoted Common Cause v. Board of Supervisors…
- Douglas v. Deutsche Bank National Trust Co., No. 24-CV-1099 (D.C. Ct. App.)2026-09-03 · District of Columbia Court of Appeals · Regulatory referralIn the District of Columbia Court of Appeals, Deutsche Bank's appellee brief cited four nonexistent authorities after counsel used Google's generative AI search tool without verification. The court struck the brief, ref…
- Capital Standard, LLC v. U.S. Bank National Association, No. 2D2024-1392 (Fla. 2d DCA)2026-08-21 · Florida Second District Court of Appeal · FineFlorida's Second District Court of Appeal affirmed a foreclosure-related declaratory judgment and, in a separate section citing the Charlotin database, fined appellant's counsel USD 1,500, awarded U.S. Bank its appellat…
- In re Faisal S. Ahmed (Minnesota attorney discipline)2026-08-21 · Supreme Court of Minnesota (stipulated attorney discipline) · SuspensionMinnesota lawyer Faisal Ahmed agreed to a 30-day suspension, approved by the Supreme Court of Minnesota, for a 2025 Hennepin County District Court memorandum that cited two nonexistent, AI-hallucinated decisions. Press…
Cite this record
SafeLegalAI Global Legal AI Incident Tracker, “JMOR Properties, LLC v. Artist Alley Townhomes, LLC, No. 4D2026-1787 (Fla. 4th DCA)”, safelegalai.com/tracker/jmor-properties-v-artist-alley (accessed 2026-10-07). Data: CC BY 4.0.