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KAPLAN v. DAIMLERCHRYSLER, A.G.

No. 02-12453.

331 F.3d 1251 (2003)

Elwood I. KAPLAN, Norma Kaplan, Plaintiffs-Appellees, v. DAIMLERCHRYSLER, A.G. f.k.a. Daimler-Benz Aktiengesellshaft, Mercedes-Benz, U.S.A., Inc., f.k.a. Mercedes-Benz of North America, Inc., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 30, 2003.

Attorney(s) appearing for the Case

Myron Shapiro, Miami, FL, David M. Rice, Carroll, Burdick & McDonough, LLP, San Francisco, CA, for Defendants-Appellants.

James B. Tilghman, Jr., Stewart, Tilghman, Fox & Bianchi, P.A., Miami, FL, for Plaintiffs-Appellees.

Before BIRCH and HULL, Circuit Judges, and EDENFIELD, District Judge.

EDENFIELD, District Judge:

We are asked in this case to decide whether a district judge erred in sua sponte imposing F.R.Civ.P. 11 sanctions against a party for filing, the judge concluded, unnecessary (and one frivolous) in limine motions on the eve of trial. We conclude that he did, both procedurally (there exists a material variance between the court's show-cause notice and the ultimate basis for the sanction imposed) and

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