Turner v. Sungard Bus. Sys., Inc., 91 F.3d 1418 (11th Cir. 1996). · Go Syfert
Turner v. Sungard Bus. Sys., Inc., 91 F.3d 1418 (11th Cir. 1996). Cases Citing This Book View Copy Cite
103 citation events (60 in the last 25 years) across 34 distinct courts.
Strongest positive: Sherri Bannister v. Cole, Scott & Kissane, P.A. (flmd, 2026-02-10)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
cited Cited as authority (rule) Sherri Bannister v. Cole, Scott & Kissane, P.A.
M.D. Fla. · 2026 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir. 1996).
discussed Cited as authority (rule) Your CBD Stores Franchising, LLC v. Buckwalter
M.D. Fla. · 2023 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir. 1996) (“That the contentions contained in the complaint were not frivolous at the time it was filed does not prevent the district court from sanctioning Penick for his continued advocacy of them after it should have been clear that those contentions were no longer tenable.
cited Cited as authority (rule) Securities & Exchange Commission v. Complete Business Solutions Group, Inc.
S.D. Fla. · 2023 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir. 1996).
discussed Cited as authority (rule) GRUBBS v. GROTE INDUSTRIES, LLC
S.D. Ind. · 2022 · confidence medium
In Vargas, this court found the defendants were entitled to attorney's fees incurred against plaintiffs' frivolous, unreasonable, and groundless Title VII claims when plaintiffs "filed no response at all" to the defendants' motion for summary judgment, thus failing to make any showing whatsoever that plaintiffs had any reasonable basis for asserting or pursuing any claims against the defendants. 2002 WL 424968 , at * 2 (citing Turner v. Sungard Business Systems, Inc., 91 F.3d 1418, 1423 (11th Cir. 1996) (affirming award of attorney fees to defendant in Title VII case where plaintiff failed to …
cited Cited as authority (rule) Utah Power Systems, LLC v. Lang
M.D. Fla. · 2022 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir. 1996) (citing Fed.
cited Cited as authority (rule) Michael Gulisano v. Burlington, Inc.
11th Cir. · 2022 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir. 1996) (citing Fed.
cited Cited as authority (rule) Friedel v. Sun Communities, Inc.
S.D. Fla. · 2022 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir. 1996).
cited Cited as authority (rule) Kevin Waugaman v. City of Greensburg
3rd Cir. · 2021 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir. 1996), we must give “substantial deference” to the trial court in these matters, Moeck, 844 F.3d at 390 .
discussed Cited as authority (rule) Konecranes Global Corporation v. Mode Tech (Beijing) Co. Ltd.
D. Nev. · 2020 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir. 1996) 3 (awarding Rule 11 sanctions because counsel “had to know that the case was without a factual 4 basis but failed to dismiss it, thereby forcing [the opposing party] (and the court) to expend 5 time and money on a summary judgment motion”).
discussed Cited as authority (rule) Cohen v. Burlington, Inc.
S.D. Fla. · 2020 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir. 1996) (“[A] litigant’s obligations with respect to the contents” of pleadings or motions “are not measured solely as of the time they are filed with or submitted to the court, but include reaffirming to the court and advocating positions contained in those pleadings and motions after learning that they cease to have any merit.” (quoting Fed.
discussed Cited as authority (rule) Primo Hospitality Group, Inc. v. Haney
Cal. Ct. App. · 2019 · confidence medium
(Turner v. Sungard Business Systems, Inc., supra, 91 F.3d at p. 1421, fn. 3.) To the extent that a portion of the discussion in Turner, read in isolation, implies that simply filing a notice of appearance in a meritless case is sufficient to violate rule 11, we disagree and find it inconsistent with the plain meaning of section 128.7, subdivision (b). 23 DISPOSITION The order is reversed.
discussed Cited as authority (rule) Primo Hospitality Grp., Inc. v. Haney
Cal. Ct. App. 5th · 2019 · confidence medium
Proc., rule 11, reprinted at 28 U.S.C.A. (2008 ed.) foll. rule 11, p. 11.) Further, Turner did not present the same issues of inadequate notice as present here: in Turner , the sanctions were imposed pursuant to an order to show cause set by the court, not a defective notice served by opposing counsel. ( Turner v. Sungard Business Systems, Inc. , supra , 91 F.3d at p. 1421, fn. 3 .) To the extent that a portion of the discussion in Turner , read in isolation, implies that simply filing a notice of appearance in a meritless case is sufficient to violate rule 11, we disagree and find it inconsis…
cited Cited as authority (rule) William Todd Overcash v. Mark D. Shelnutt
11th Cir. · 2018 · confidence medium
Sys., Inc., 91 F.3d 1418, 1421 (11th 12 Case: 17-13721 Date Filed: 10/12/2018 Page: 13 of 14 Cir. 1996).
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. CRST Van Expedited, Inc. (2×) also: Cited "see"
N.D. Iowa · 2017 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir. 1996) (“In determining whether to assess [attorneys’] fees, the district court must examine (1) whether the plaintiff established a pri-ma facie case, (2) whether the defendant offered to settle, and (3) whether the trial court dismissed the case prior to trial or held a full-blown trial on the merits.”)- At the most basic, however, the court must determine whether the claims lacked a sufficient bases in law or fact when they were brought.
cited Cited as authority (rule) Dr. Dwain A. Hamilton, M.D. v. Sheridan Healthcorp, Inc.
11th Cir. · 2017 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir. 1996).
cited Cited as authority (rule) Johnson v. City of Mobile
Ala. · 2015 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir.1996) (citing Sullivan v. School Bd. of Pinellas Cnty., 773 F.2d 1182, 1188 (11th Cir.1985)).
cited Cited as authority (rule) Eisenberg Development Corp. v. City of Miami Beach
S.D. Fla. · 2015 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir.1996) (quoting Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421 , 98 S.Ct. 694 , 54 L.Ed.2d 648 (1978)).
discussed Cited as authority (rule) Engle Cases 4432 Individual Tobacco v. Various Tobacco Companies
11th Cir. · 2014 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir.1996) (“[A] litigant’s obligations with respect to the contents of [his pleadings] are not measured solely as of the time they are filed with or submitted to the court, but include reaffirming to the court and advocating positions contained in those pleadings and motions after learning that they cease to have any merit.” (quoting Fed.R.Civ.P. 11, Advisory Comm. Notes, 1993 Amends.)).
cited Cited as authority (rule) Tidwell v. Krishna Q Investment, LLC
N.D. Ga. · 2012 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422-23 (11th Cir.1996); Walker v. Nations-Bank of Fla. N.A., 53 F.3d 1548, 1558-59 (11th Cir.1995); Roper v. Edwards, 815 F.2d 1474 , 1478 (11th Cir.1987); Sullivan v. Sch.
discussed Cited as authority (rule) Theokary v. Abbatiello
Bankr. E.D. Pa. · 2012 · confidence medium
Sys., Inc., 91 F.3d 1418, 1421 (11th Cir.1996). 32 If the court determines that a violation of Rule 9011(b) has occurred, the court “may ... impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.” Fed.
cited Cited as authority (rule) Brown v. Ameriprise Financial Services, Inc.
D. Minnesota · 2011 · confidence medium
Sys., Inc., 91 F.3d 1418, 1421 (11th Cir.1996) ("By appearing in this case, [plaintiff’s substitute counsel] affirmed to the court that the case had arguable merit.
cited Cited as authority (rule) Greg Nance v. Ricoh Electronics, Inc.
11th Cir. · 2011 · confidence medium
Sys., Inc., 91 F.3d 1418, 1421 (11th Cir.1996).
cited Cited as authority (rule) In Re Talisman Marina, Inc.
Bankr. M.D. Fla. · 2008 · confidence medium
Systems, Inc., 91 F.3d 1418, 1421 (11th Cir.1996).
cited Cited as authority (rule) Carswell v. Air Line Pilots Ass'n, International
D.D.C. · 2008 · confidence medium
Sys., Inc., 91 F.3d 1418, 1421 (11th Cir.1996).
cited Cited as authority (rule) In Re Evergreen Security, Ltd.
Bankr. M.D. Fla. · 2008 · confidence medium
Sys., Inc., 91 F.3d 1418, 1421 (11th Cir.1996).
cited Cited as authority (rule) Watson Construction Co. v. City of Gainesville
11th Cir. · 2007 · confidence medium
Sys., Inc., 91 F.3d 1418, 1421 (11th Cir.1996).
discussed Cited as authority (rule) Sanders v. Tyco Electronics Corp.
W.D.N.C. · 2006 · confidence medium
Buster v. Greisen, 104 F.3d 1186 , 1190 n. 4 (9th Cir.1997) (“Although prior to the [1993] amendments conduct was measured only at signing, Rule 11 now authorizes sanctions for ‘presenting to the court (whether by signing, filing, submitting, or later advocating)’ a document otherwise sanetionable.” (internal citations omitted)); Turner v. Sungard Business Sys., Inc., 91 F.3d 1418, 1422 (11th Cir.1996) (“That the contentions contained in the complaint were not frivolous at the time it was filed does not prevent the district court from sanctioning Penick for his continued advocacy of …
discussed Cited as authority (rule) Perry v. Orange County (2×) also: Cited "see"
M.D. Fla. · 2004 · confidence medium
Christiansburg, 434 U.S. at 422 , 98 S.Ct. 694 ; Turner v. Sungard Business Systems, Inc., 91 F.3d 1418, 1423 (11th Cir.1996).
discussed Cited as authority (rule) Phonometrics, Inc. v. Economy Inns of America
Fed. Cir. · 2003 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir.1996) (upholding a decision to impose Rule 11 sanctions on counsel who filed only a notice of appearance, but failed to dismiss the action after he “had to know that the case was without a factual basis ... thereby forcing [the defendant] (and the court) to expend time and money on a summary judgment motion”).
discussed Cited as authority (rule) Phonometics, Inc. v. Economy Inns Of America
Fed. Cir. · 2003 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir.1996) (upholding a decision to impose Rule 11 sanctions on counsel who filed only a notice of appearance, but failed to dismiss the action after he "had to know that the case was without a factual basis ... thereby forcing [the defendant] (and the court) to expend time and money on a summary judgment motion").
discussed Cited as authority (rule) Boler v. Space Gateway Support Co. LLC (2×) also: Cited "see"
M.D. Fla. · 2003 · confidence medium
Christiansburg, 434 U.S. at 422 , 98 S.Ct. 694 ; Turner v. Sungard Business Systems, Inc., 91 F.3d 1418, 1423 (11th Cir.1996).
discussed Cited as authority (rule) Anderson & Associates, PA v. Southern Textile Knitters De Honduras Sewing Inc.
4th Cir. · 2003 · confidence medium
Sys., 91 F.3d 1418, 1420, 1422 (11th Cir.1996) (lawyer explicitly *441 "told the court that he had evidence to support” plaintiff's only claim even though he "knew from the moment he began representing Plaintiff that his claim was meritless"); Young v. Corbin, 889 F.Supp. 582, 586 (N.D.N.Y.1995) (plaintiff "defaulted on his obligation under Rule 11 by submitting to the court a frivolous lawsuit”). 4 .
examined Cited as authority (rule) Jerelds v. City of Orlando (3×) also: Cited "see"
M.D. Fla. · 2002 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir.1996).
cited Cited as authority (rule) Scelta v. Delicatessen Support Services, Inc.
M.D. Fla. · 2001 · confidence medium
Id. at 422 , 98 S.Ct. 694 ; Turner v. Sungard Business Systems, Inc., 91 F.3d 1418, 1423 (11th Cir.1996).
discussed Cited as authority (rule) Chapman v. AI Transport
11th Cir. · 1999 · confidence medium
We also review for abuse of discretion whether the district court properly excluded evidence, see Walker v. Nations-Bank of Florida, 53 F.3d 1548, 1554 (11th Cir.1995), and awarded attorney’s fees, see Turner v. Sungard Business Systems, Inc., 91 F.3d 1418, 1422 (11th Cir.1996).
discussed Cited as authority (rule) Chapman v. AI Transport
11th Cir. · 1999 · confidence medium
We also review for abuse of discretion whether the district court properly excluded evidence, see Walker v. NationsBank of Florida, 53 F.3d 1548, 1554 (11th Cir. 1995), and awarded attorney’s fees, see Turner v. Sungard Business Systems, Inc., 91 F.3d 1418, 1422 (11th Cir. 1996).
examined Cited as authority (rule) Bruce v. City of Gainesville, GA (4×) also: Cited "see"
11th Cir. · 1999 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir.1996) (noting that courts “must examine” Sullivan factors).
discussed Cited as authority (rule) Bruce v. City of Gainesville, GA (2×) also: Cited "see"
11th Cir. · 1999 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir. 1996) (noting that courts "must examine" Sullivan factors).
discussed Cited as authority (rule) Van Christo Advertising, Inc. v. M/A-COM/LCS
Mass. · 1998 · confidence medium
In these circumstances, our rule imposes on Greenwood an affirmative obligation to be satisfied, in good faith, that good grounds continued to exist for the claims asserted against Ricciardi in the complaint. 21 Cf. Turner v. Sungard Business Sys., Inc., 91 F.3d 1418, 1421 (11th Cir. 1996) (although only “paper” substitute counsel signed and submitted to court in prosecuting plaintiff’s claim was notice of appearance, rule 11 sanctions warranted where he continued to advocate claim despite knowledge that it was meritless).
cited Cited as authority (rule) Johnny R. CANUP, Plaintiff-Appellant, v. CHIPMAN-UNION, INC., Defendant-Appellee
11th Cir. · 1997 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir.1996).
cited Cited as authority (rule) Canup v. Chipman-Union, Inc.
11th Cir. · 1997 · confidence medium
Sys., Inc., 91 F.3d 1418, 1422 (11th Cir.1996).
cited Cited "see" Ruszala v. Walt Disney World Co.
M.D. Fla. · 2000 · signal: see · confidence high
See Tuner v. Sungard Business Systems, Inc., 91 F.3d 1418, 1423 (11th Cir.1996).
cited Cited "see" Bruneau v. South Kortright Central School
N.D.N.Y. · 1997 · signal: see · confidence high
See Davis v. Monroe County Bd. of Educ., 74 F.3d 1186, 1194 , vacated 91 F.3d 1418 (11th Cir.1996). 3 Thus, the plaintiff may have persuaded the jury on this point yet failed to prevail on others.
cited Cited "see" Attwood v. Singletary
11th Cir. · 1997 · signal: see · confidence high
See Turner v. Sungard Business Systems, Inc., 91 F.3d 1418 (11th Cir.1996).
discussed Cited "see, e.g." Rosa H., Individually and as Next Friend of Deborah H. v. San Elizario Independent School District, San Elizario Independent School District
5th Cir. · 1997 · signal: see also · confidence low
See also Davis v. Monroe County Bd. of Educ., 74 F.3d 1186, 1192-93 (11th Cir.) (construing Franklin to mean that “a student should have the same protection in school that an employee has in the workplace”), reh’g en banc granted, 91 F.3d 1418 (11th Cir.1996).
discussed Cited "see, e.g." In Re the Marriage of Stockham
Kan. Ct. App. · 1996 · signal: compare · confidence medium
Compare Turner v. Sungard Business Systems, Inc., 91 F.3d 1418, 1421 (11th Cir. 1996) (affirmed imposition of sanctions against substitute counsel who signed entry of appearance).
Retrieving the full opinion text from the archive…
Archie R. TURNER, Plaintiff-Appellant,
v.
SUNGARD BUSINESS SYSTEMS, INC., a Delaware Corporation, Defendant-Appellee
95-6503.
Court of Appeals for the Eleventh Circuit.
Aug 15, 1996.
91 F.3d 1418
Richard A. Meelheim, Birmingham, AL and Henry L. Peniek, Birmingham, AL, for appellant., John C. Falkenberry, Fern Singer, and Matthew A. Vega, Birmingham, AL, for ap-pellee.
Edmondson, Dubina, Farris.
Cited by 51 opinions  |  Published
Pinpoint authority: bottom 56%
EDMONDSON, Circuit Judge:

This appeal concerns a trial court’s ability to impose attorney’s fees and monetary sanctions on a party and his counsel for continuing to prosecute a frivolous action. Plaintiff and his attorney appeal the district court’s order (1) imposing sanctions on Plaintiffs counsel pursuant to Rule 11 of the -Federal Rules of Civil Procedure and 28 U.S.C. § 1927 and (2) awarding attorney’s fees against Plaintiff pursuant to 42 U.S.C. § 1988 and the principles established in Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 98 S.Ct. 694, 54 L.Ed.2d 648 (1978). Because the district court did not abuse its discretion, we affirm.

I. Background

In December 1993, Plaintiff Archie Turner sued Defendant Sungard Business Systems, Inc. (“Sungard”) for race discrimination under Title VII of the Civil Rights Act of 1964. Turner alleged that Sungard passed him over for a promotion and filled the vacant position with a white employee. Richard Meelheim initially represented Turner in this matter.

On 22 March 1994, the court granted Meel-heim’s motion to withdraw. The district court later found that Meelheim withdrew from the case “after plaintiff informed him that, regardless of his advice, the plaintiff desired to pursue the matter through other representation.”

Henry Peniek filed a notice of appearance for Turner on 28 December 1994. The district court held a pretrial conference on 27 January 1995. Sungard moved for summary judgment the same day. At the pretrial conference, Peniek told the court that he had evidence to support Plaintiffs claim that the job at issue had been filled by a white employee. On 17 February 1995, Sungard filed a supplemental motion for summary judgment. [1] Plaintiff neither responded to Sun-gard’s motion for summary judgment nor appeared at oral argument. On 27 March 1995, the district court granted Sungard’s summary judgment motion on the grounds that Turner had made out no prima facie case of race discrimination, finding that the position sought by Turner was doubtlessly still vacant.

Sungard then moved for sanctions. The district court issued a show cause order to Turner, Meelheim and Peniek. Only Meel-heim filed a response to the show cause order. Meelheim indicated that he filed the action after conversations with Turner and another former employee of Sungard had convinced him that there was evidence to form a reasonable belief that a white male had effectively received a promotion that was denied to Turner.

The district court heard the matter of fees and sanctions on 28 April 1995. Because Meelheim made some investigation of Turner’s claim and withdrew when he learned Turner’s claim was meritless, the district court imposed no sanctions against him. The district court issued an order awarding $10,-[*1421] 000.00 against Turner representing reasonable attorney’s fees pursuant to 42 U.S.C. § 1988 and $6,255.00 against Peniek as a sanction for prosecuting Turner’s frivolous action. Turner and Peniek appeal.

II. Discussion

A. Sanctions Imposed on Counsel

We review the district court’s imposition of sanctions pursuant to Rule 11 for an abuse of discretion. See Donaldson v. Clark, 819 F.2d 1551, 1556 (11th Cir.1987) (en banc). Penick’s and Turner’s (“Appellants”) argument on the Rule 11 sanction is two-fold. First, Appellants argue that Peniek has signed no document, such as a pleading or motion, sufficient to trigger Rule 11. [2] Second, Appellants argue that because the district court failed to sanction Meelheim for filing Plaintiffs complaint, Plaintiffs substitute counsel, Peniek, cannot be sanctioned. Both of these contentions are mistaken. [3]

Appellants argue that the only paper that Peniek signed and submitted to the court was a notice of appearance. [4] Appellants argue that Penick’s signing of the notice of appearance cannot subject him to sanctions under Rule 11.

This argument ignores the plain language of Rule 11, which merely requires “papers” to be “present[ed]” to the court. Further, it is well established that Rule 11 applies to all papers filed in a suit. See, e.g., Thomas v. Capital Security Servs., Inc., 836 F.2d 866, 870, 873 (5th Cir.1988) (en banc). The district court found that “from the moment he appeared on the plaintiffs behalf, he [Peniek] had actual knowledge that there was no merit to the plaintiffs assertions, or, at the very least, he consciously decided not to inquire of the merits.” That the only “paper” Peniek signed and submitted to the court in prosecuting Plaintiffs claim was the notice of appearance is unimportant. By appearing in this case, Peniek affirmed to the court that the case had arguable merit. In this sense, it was as if Peniek had refiled the complaint. To use Rule ll’s words, he was “later advocating” that the “factual contentions [in the complaint] have evidentiary support.”

Appellants’ citation of Bakker v. Grutman, 942 F.2d 236 (4th Cir.1991), is unpersuasive. In Bakker, the Fourth Circuit determined that the district court did not abuse its discretion in refusing to impose Rule 11 sanctions on substitute counsel whose only role in the case had been to move for a protective order extending the time to respond to discovery requests (to which opposing counsel consented), to produce documents in response to the request and then to file a voluntary dismissal, with prejudice, of her client’s claims. Peniek did more wrong and less right than did counsel in Bakker. Moreover, district courts do have broad discretion about sanctions.

Appellants stress the view that it was an abuse of discretion for the district court to issue sanctions against Peniek when the court did not impose sanctions against Meelheim, who signed and submitted the complaint. In essence, Appellants argue that because the complaint was not sufficiently frivolous to subject Meelheim to sanctions, Peniek cannot be subject to sanctions when the only document he filed is a notice of[*1422] appearance. Appellants’ view of the scope of counsel’s duty under Rule 11 is far too limited.

Rule 11 was amended effective 1 December 1993. The 1993 amendment makes clear the continuing nature of a litigant’s responsibility under Rule 11. Under the 1993 amendment:

It [Rule 11] also, however, emphasizes the duty of candor by subjecting litigants to potential sanctions for insisting upon a position after it is no longer tenable....
[A] litigant’s obligations with respect to the contents of these papers are not measured solely as of the time they are filed with or submitted to the court, but include reaffirming to the court and advocating positions contained in those pleadings and motions after learning that they cease to have any merit. For example, an attorney who during a pretrial conference insists on a claim or defense should be viewed as “presenting to the court” that contention and would be subject to the obligations of subdivision (b) measured as of that time.

Fed.R.Civ.P. 11 advisory committee’s note.

The district court found that (1) Penick knew from the moment he began representing Plaintiff that his claim was meritless, (2) at the pretrial conference, Penick represented that he had evidence to support Plaintiffs claim that the job at issue had been filled though no such evidence was ever presented to the court, and (3) after taking Zales’ deposition, Penick had to know that the case was without a factual basis but failed to dismiss it, thereby forcing Sungard (and the eourt) to expend time and money on a summary judgment motion. That the contentions contained in the complaint were not frivolous at the time it was filed does not prevent the district court from sanctioning Penick for his continued advocacy of them after it should have been clear that those contentions were no longer tenable. An ample basis exists for the district court’s imposition of Rule 11 sanctions. [5]

B. Award of Attorney’s Fees

Appellants argue that the district court’s award of attorney’s fees violates the Supreme Court’s mandate of Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 98 S.Ct. 694, 54 L.Ed.2d 648 (1978). Under Christiansburg, a district court may award attorney’s fees to a prevailing defendant in a Title VII case “upon a finding that the plaintiffs action was frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith.” Id. at 420-22, 98 S.Ct. at 700.

In determining whether to assess attorney’s fees, the district court must examine (1) whether the plaintiff established a prima facie case, (2) whether the defendant offered to settle, and (3) whether the trial court dismissed the case prior to trial or held a full-blown trial on the merits. Sullivan v. School Bd. of Pinellas County, 773 F.2d 1182, 1189 (11th Cir.1985). [6] We review the district court’s findings to determine whether it abused its discretion. Id. at 1188.

Appellants offer two arguments that the district court abused its discretion in awarding attorney’s fees. First, Appellants argue that because the district court failed to sanction Plaintiff’s initial counsel, the complaint must not have been frivolous and, therefore, Plaintiffs action could not be frivolous, unreasonable or without foundation as required by Christiansburg. Second, Appellants argue that the district court failed to consider properly the Sullivan factors listed above before imposing attorney’s fees and that under such a test, Plaintiffs action was not[*1423] frivolous or groundless. Neither contention is correct.

Appellants’ argument about the implications of the district court’s failure to sanction Meelheim is based on an overly narrow view of the Plaintiffs responsibilities under Title VII and Christiansburg. As Appellants point out in their brief, in Christiansburg, the Supreme Court indicated that “a plaintiff should not be assessed his opponent’s attorney’s fees unless a court finds that his claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so.” 434 U.S. at 422, 98 S.Ct. at 701 (emphasis added). Appellants have cited no case which limits a litigant’s duty under Christiansburg to the time of filing the complaint, and we have never so held. In the present action, the district court found that “[t]he plaintiff knew his claim was frivolous, at the latest, at some point between January 17, 1994 and March 18, 1994, when such was communicated to him by his attorney Mr. Meelheim.” That Turner may have had a reasonable basis for believing that he had been denied a promotion based on his race when the complaint was filed is insufficient under Christians-burg.

Appellants dispute the district court’s finding of actual bad faith on Plaintiffs part and also say, citing a series of recent Title VII attorney’s fee cases from this circuit, that the district court erred in failing to apply the factors we set out in Sullivan. Appellants claim, in essence, that the district court assessed attorney’s fees simply because Sungard prevailed in the underlying litigation. Appellants — as evidence that Plaintiffs claim was not frivolous — stress the fact that Sungard offered to settle the matter before the hearing on the summary judgment motion. [7]

Regardless of actual bad faith on Plaintiffs part, an examination of the Sullivan factors indicates that the district court’s decision to award attorney’s fees does not constitute an abuse of discretion. The district court dismissed Plaintiffs case on summary judgment and, in so doing, concluded that Plaintiff had failed to establish a prima facie case of discrimination. As Appellants have acknowledged, Plaintiff failed to oppose Sungard’s motion for summary judgment precisely because they had no basis for doing so, that is, because Plaintiffs claim was not “meritorious enough to receive careful attention and review.” Walker v. NationsBank of Florida, 58 F.3d 1548, 1559 (11th Cir.1995).

The cases cited by Appellants bear little resemblance to the present case and do not dictate a different result. See id. (attorney’s fee award improper where defendant’s two summary judgment awards were denied and plaintiff established prima facie case at trial); EEOC v. Reichhold Chemicals, Inc., 988 F.2d 1564, 1572 (11th Cir.1993) (attorney’s fee award improper where EEOC established prima facie case); Moulds v. Wal-Mart Stores, Inc., 935 F.2d 252, 257 (11th Cir.1991) (appeal of trial court’s dismissal of claims was not frivolous to warrant attorney’s fees); Busby v. City of Orlando, 931 F.2d 764, 787 (11th Cir.1991) (attorney’s fees award improper where relevant legal issue in underlying action was sufficiently close that “one judge on this panel disagrees over the disposition”).

The district court’s imposition of sanctions on Plaintiffs counsel under Rule 11 and its award of attorney’s fees against Plaintiff pursuant to 28 U.S.C. § 1988 for their respective roles in continuing to prosecute an action after it became clear that Plaintiffs claim had no basis in fact was no abuse of discretion. [8]

AFFIRMED.

1

. At the pretrial conference, Peniek said that he wished to depose Edwina Zales, Vice President of Human Resources for Sungard. Sungard, in turn, indicated that it wished to depose Turner. Peniek completed Zales’ deposition on 9 February 1995.

2

. Rule 11(b)(3) provides, in pertinent part:

(b) Representations to Court. By presenting to the court (whether by signing, filing, submitting or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, ...
(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.
3

. Appellants also argue that it was error to sanction Peniek pursuant to Rule 11 because Sungard failed to comply with the safe harbor provisions of Rule 11(c)(1) by serving the motion for sanctions only one day before filing it with the court instead of the 21 days required. Because Peniek was sanctioned pursuant to a show cause order issued by the district court, this procedural argument is without merit. See Fed.R.Civ.P. 11(c)(1)(B).

4

.Sungard states that Peniek also signed and filed pre-trial conference documents. The district court does not appear, however, to have relied on such documents in sanctioning Peniek under Rule 11.

5

. Because the district court did not abuse its discretion in sanctioning Penick under Rule 11, we do not reach the issue of whether the district court abused its discretion in finding Penick’s conduct sanctionable pursuant to 28 U.S.C. § 1927.

6

. A finding of actual bad faith constitutes a basis for an attorney’s fees award regardless of the Sullivan factors. See Christiansburg Garment Co. v. E.E.O.C., 434 U.S. 412, 422-24, 98 S.Ct. 694, 701, 54 L.Ed.2d 648 (1978) ("needless to say, if a plaintiff is found to have brought or continued such a claim in bad faith, there will be an even stronger basis for charging him with the attorney’s fees incurred by the defense") (emphasis in original).

7

. Sungard disputes Appellants’ characterization of the settlement offer, claiming that this offer was "nominal” and sought to dispose of not only the instant case, but two other EEOC charges against Sungard by Turner.

8

. Appellants also challenge as error the amount ($10,000) of attorney’s fees awarded. The dis[*1424] trict court held as follows: “The court has no reason to question these sums as they have not been contested and because they are reasonable in light of the present circumstances.” Not only do Appellants challenge this amount for the first time on appeal, but they also fail to point to evidence that would show that the amount is unreasonable under the circumstances. So, we do not conclude that the amount of attorney’s fees awarded constituted error.