Steven Mishkin Pesin v. Maria Teresa Rodriguez, 244 F.3d 1250 (11th Cir. 2001). · Go Syfert
Steven Mishkin Pesin v. Maria Teresa Rodriguez, 244 F.3d 1250 (11th Cir. 2001). Cases Citing This Book View Copy Cite
“he fugitive disentitlement doctrine has been applied at both the trial and appellate level and in both criminal and civil cases.”
96 citation events (96 in the last 25 years) across 23 distinct courts.
Strongest positive: Ofer v. Millan (flsd, 2024-07-11)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Ofer v. Millan (4×) also: Cited as authority (rule), Cited "see"
S.D. Fla. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he fugitive disentitlement doctrine has been applied at both the trial and appellate level and in both criminal and civil cases.
discussed Cited as authority (verbatim quote) Colombe v. Carlson
N.D. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
behavior to date leaves little doubt that she would defy an adverse ruling.
examined Cited as authority (rule) Paris v. Brown (4×)
D. Or. · 2024 · confidence medium
Id. at 1251-52.
discussed Cited as authority (rule) Stansell v. Revolutionary Armed Forces of Colombia (2×) also: Cited "see, e.g."
S.D. Fla. · 2022 · confidence medium
Ener, 987 F3d at 1333 (affirming dismissal of civil lawsuit where plaintiff was a fugitive in related case); Pesin, 244 F.3d at 1253 (dismissing a civil defendant’s appeal where that defendant had ignored multiple court orders, including contempt orders, in the underling case).
discussed Cited as authority (rule) Stansell v. Revolutionary Armed Forces of Colombia (2×) also: Cited "see, e.g."
S.D. Fla. · 2022 · confidence medium
Id.; Pesin, 244 F.3d at 1253. 3.
discussed Cited as authority (rule) Enovative Technologies, LLC v. Gabriel Leor (2×) also: Cited "see"
4th Cir. · 2021 · confidence medium
Jaffe, 294 F.3d at 597 ; see Goya Foods, Inc., 275 F.3d at 128-31 ; Pesin, 244 F.3d at 1253; Finkelstein, 111 1 At the initiation of these proceedings, Leor represented to the district court that he was on vacation in Thailand and that he planned to return to the United States.
discussed Cited as authority (rule) Enovative Technologies, LLC v. Gabriel Leor (2×) also: Cited "see"
4th Cir. · 2021 · confidence medium
Jaffe, 294 F.3d at 597 ; see Goya Foods, Inc., 275 F.3d at 128-31 ; Pesin, 244 F.3d at 1253; Finkelstein, 111 F.3d at 280-82 .
discussed Cited as authority (rule) Johanna Maria Vibe Ener v. Pedro Antonio Martin (2×) also: Cited "see"
11th Cir. · 2021 · confidence medium
Pesin, 244 F.3d at 1253; United States v. Barnette, 129 F.3d 1179, 1184 (11th Cir. 1997).
examined Cited as authority (rule) Karpenko v. Leendertz (6×) also: Cited "see"
3rd Cir. · 2010 · confidence medium
Thus, when courts have applied the fugitive disentitlement doctrine to Hague matters, they have subordinated Hague policies to deter "abuses of American criminal process," Prevot, 59 F.3d at 566 , "promot[e] the efficient operation of the courts, discourag[e] flights from justice, and avoid[ ] prejudice to the other side caused by the appellant's fugitive status," Pesin, 244 F.3d at 1253.
discussed Cited as authority (rule) Xiang Feng Zhou v. U.S. Attorney General
11th Cir. · 2008 · confidence medium
“Other rationales underlying the doctrine include promoting the efficient operation of the courts ... [and] discouraging flights from justice.” Pesin, 244 F.3d at 1253. “[Dismissal of a civil action on fugitive disentitlement grounds is only appropriate [when] (1) the plaintiff is a fugitive; (2) his fugitive status has a connection to his civil action; and (3) the sanction ... is necessary to effectuate the concerns underlying the fugitive disentitlement doctrine.” Magluta, 162 F.3d at 664 .
cited Cited as authority (rule) D.C. v. D.C.
Miss. · 2008 · confidence medium
We cannot permit [the mother] to reap the benefits of a judicial system the orders of which she has continued to flaunt.” Id. at 1253. ¶ 15.
cited Cited as authority (rule) Dc v. Dc
Miss. · 2008 · confidence medium
We cannot permit [the mother] to reap the benefits of a judicial system the orders of which she has continued to flaunt." Id. at 1253. ¶ 15.
examined Cited as authority (rule) Yuri Isidoro Sasson Moscona v. Dana Shenhar (4×) also: Cited "see, e.g."
Va. Ct. App. · 2007 · confidence medium
Pesin, 244 F.3d at 1252 (noting the appellant “had yet to comply with the district court’s order,” had absconded, and failed “to end her contumacious conduct or submit to the court’s authority”).
examined Cited as authority (rule) Yuri Isidoro Sasson Moscona v. Dana Shenhar (4×) also: Cited "see, e.g."
Va. Ct. App. · 2007 · confidence medium
Pesin, 244 F.3d at 1252 (noting the appellant “had yet to comply with the district court’s order,” had absconded, and failed “to end her contumacious conduct or submit to the court’s authority”).
examined Cited as authority (rule) Weaver v. Parks (4×)
Miss. Ct. App. · 2006 · confidence medium
In Pesin, the United States Court of Appeals for the Eleventh Circuit noted that while "the `classic case' in which the doctrine has been applied involves the direct appeal of a criminal defendant, the doctrine has also been applied where the fugitive was not a criminal defendant, but instead was a civil litigant who continued to ignore court orders and evade arrest." Pesin, 244 F.3d at 1253. ¶ 12.
cited Cited as authority (rule) Leslie v. Noble
S.D. Fla. · 2005 · confidence medium
Pesin, 244 F.3d at 1251-52.
discussed Cited as authority (rule) Peppin v. Lewis
N.Y.C. Fam. Ct. · 2002 · confidence medium
We cannot permit [the mother] to reap the benefits of a judicial system the orders of which she has continued to flaunt.” (Pesin at 1253; see also Walsh v Walsh, 221 F3d 204 [1st Cir 2000].) The third large group of fugitive disentitlement cases involves situations where a person has been indicted or convicted of money laundering in connection with a drug enterprise and the Internal Revenue Service (IRS) has filed a jeopardy assessment levy on the proceeds of the enterprise.
cited Cited "see" Paris v. Brown
9th Cir. · 2025 · signal: see · confidence high
See 244 F.3d at 1253.
discussed Cited "see, e.g." Keith Stansell v. UBS Financial Services, Inc.
11th Cir. · 2022 · signal: compare · confidence low
Compare Pesin v. Rodri- guez, 244 F.3d 1250 , 1252–53 (11th Cir. 2001) (applying the doctrine to a defendant in an action for return of a child under a statute im- plementing the Hague Convention), with FDIC v. Pharaon, 178 F.3d 1159, 1162 (11th Cir. 1999) (“We conclude that application of the fugitive disentitlement doctrine in this case to bar Appellant, a fugitive in a criminal case, from defending himself in a civil case, albeit a related one, would not be a ‘reasonable response to the problems and needs that provoke[d]’ the doctrine.”) (citation omit- ted).
discussed Cited "see, e.g." Sanchez v. Iduarte
N.D. Tex. · 2022 · signal: see, e.g. · confidence low
See, e.g., Pesin v. Rodriguez, 244 F.3d 1250 , 1253 (11th Cir. 2001) (affirming district court’s denial of attorney’s fees and costs under ICARA when petitioner filed his motion too late under the local rule); Hart v. Anderson, No. GJH-19-2601, 2021 WL 2826774 , at *6 n.5 (D.
discussed Cited "see, e.g." Hart v. Anderson
D. Maryland · 2021 · signal: see also · confidence low
Dist., 868 F.2d 750, 758 (5th Cir. 1989)) (finding that the petitioner’s request for fees under the ICARA was “just barely timely”); see also Pesin v. Rodriguez, 244 F.3d 1250 , 1253 (11th Cir. 2001) (holding that a successful petitioner under the ICARA was not entitled to an award of attorneys’ fees where he failed to comply with the local rule requiring that a motion for attorneys’ fees be filed within 30 days of entry of final judgment).
discussed Cited "see, e.g." State of Tennessee v. Allen Kelley
Tenn. Ct. App. · 2012 · signal: see, e.g. · confidence low
See, e.g., Pesin v. Rodriguez, 244 F.3d 1250 , -4- 1253 (11th Cir. 2001) (dismissing an ICARA appeal where the appellant had continuously refused to comply with court orders, had been found guilty of contempt, and had a warrant for her arrest); Prevot v. Prevot, 59 F.3d 556 , 562–67 (6th Cir. 1995) (dismissing the appellant's Hague Convention appeal where he fled the country with his wife and child to avoid criminal charges and lived in France); Guerin v. Guerin, 116 Nev. 210 , 993 P.2d 1256, 1258 (2000) (dismissing the appeal under the doctrine “in light of [appellant]'s fugitive status a…
discussed Cited "see, e.g." Innes v. Carrascosa
N.J. Super. Ct. App. Div. · 2007 · signal: see also · confidence low
Under this doctrine, a parent's right to present evidence in a custody case is not guaranteed "in a case in which the fugitive parent has removed or hidden the child, thereby making enforcement improbable in the event of a decision unfavorable to the fugitive parent." Ibid.; see also Pesin v. Rodriguez, 244 F. 3d 1250 , 1253 (11th Cir.2001) (holding that the fugitive disentitlement doctrine is applicable in both civil and criminal actions where litigants repeatedly defy court orders and adverse rulings, ignore contempt sanctions and evade arrest).
discussed Cited "see, e.g." United States v. One 1988 Chevrolet Cheyenne Half-Ton Pickup Truck
S.D. Ala. · 2005 · signal: see also · confidence low
Rationales underlying this equitable doctrine include “the difficulty of enforcement against one not willing to subject himself to the court's authority; the inequity of allowing a fugitive to use court resources only if the outcome is an aid to him; and the need to avoid prejudice to the nonfugitive party.'' Magluta v. Samples, 162 F.3d 662, 664 (11th Cir.1998); see also Pesin v. Rodriguez, 244 F.3d 1250 , 1253 (11th Cir.2001) (citing as additional rationales "promoting the efficient operation of the courts” and “discouraging flights from justice”).
discussed Cited "see, e.g." Satoko Matsumoto v. Tatsuya Matsumoto (2×)
N.J. · 2002 · signal: see, e.g. · confidence medium
See, e.g., Pesin v. Rodriguez, supra, 244 F. 3d at 1253 (applying fugitive disentitlement doctrine to dismiss appeal of mother in hiding with children where "her behavior to date leaves little doubt that she would defy an adverse ruling").
discussed Cited "see, e.g." Armiliato v. Zaric-Armiliato
S.D.N.Y. · 2001 · signal: see, e.g. · confidence low
See, e.g., Pesin v. Osorio Rodriguez, 77 F.Supp.2d 1277, 1285 (S.D.Fla.1999) (Florida is not the child’s habitual residence because, inter alia, “the parents’ settled purpose of their family trip to Florida was, as planned, a family vacation finite in its duration ... [and] the parties had packed for only a temporary visit, rather than a permanent move”), appeal dismissed, No. 00-10295, 244 F.3d 1250 (11th Cir.2001); In re Morris, 55 F.Supp.2d 1156, 1161 (D.Colo.1999) (father’s finite sabbatical to Switzerland where he held a teaching assignment for only one semester indicated that S…
Retrieving the full opinion text from the archive…
Steven Mishkin PESIN, Plaintiff-Appellee, Cross-Appellant,
v.
Maria Teresa Osorio RODRIGUEZ, Defendant-Appellant, Cross-Appellee
00-10295.
Court of Appeals for the Eleventh Circuit.
Mar 20, 2001.
244 F.3d 1250
Kimberly Lynn Boldt, Barranco, Kircher & Vogelsang, P.A., Miami, FL, for Rodriguez., Ralph Oliver Anderson, Hicks, Anderson & Blum, P.A., Miami, FL, for Pesin.
Wilson, Kravitch, Cox.
Published
PER CURIAM:

We have for review Maria Teresa Osorio Rodriguez’s [1] appeal of the district court’s grant of Steven Mishkin Pesin’s petition for the return of two minor children made pursuant to the International Child Abduction Remedies Act (“ICARA”), 42 U.S.C. §§ 11601-11610. [2] Because Osorio has repeatedly defied the district court’s orders, ignored contempt sanctions and has remained a fugitive from justice, we dismiss her appeal pursuant to the “fugitive disen-titlement doctrine.”

Background

Osorio and Mishkin are both Venezuelan citizens. [3] They were married in Venezuela in July 1988 and lived together with their two minor children in Caracas until October 1998. At that point, the couple began to have marital problems and Mishkin moved to his mother’s house in Caracas. The family traveled to South Florida in December 1998 for a scheduled winter holiday. They were to return to Venezuela on January 11, 1999. Because of then-marital discord, Osorio and Mishkin stayed at separate residences while in Florida. [4] Before the family was due to return to Venezuela, Osorio requested her husband’s permission to allow her and the children to remain in Florida until the children were due back in school in Venezuela. This would have resulted in a stay of no more than a few extra days. Mishkin agreed and returned home alone.

After the additional time had passed, Osorio again delayed her return with the children, first claiming that she that she missed the scheduled flight, but later informing Mishkin that she was confused about her feelings toward him and wished to remain in Florida. Between January and June of 1999, Osorio and the children resided in Florida, while Mishkin remained in Venezuela. Mishkin testified that he sought to reconcile with his wife during this period and did not file for divorce because he believed that they could resolve their differences.

After the children’s school year was up, Osorio agreed to allow the children to return to Venezuela for three weeks preceding the start of summer camp in Florida. On the day before Mishkin was to pick 'up the children, he was informed by his wife’s brother that Osorio had filed for divorce and would only let him see his children if he accepted that the children would stay in Florida and would sign no-contest divorce papers. He refused and called Osorio. He informed her that he intended to pick up the children at their school as planned. Osorio asked him to come an hour later than originally scheduled. Mishkin agreed[*1252] and arrived to find that the children were gone. When Mishkin later met with Oso-rio, she reiterated her condition that he sign the divorce papers before he could see the children. Mishkin refused and returned alone to Venezuela. He soon after-filed for divorce in Venezuela and then petitioned the district court for the return of the children pursuant to ICARA.

The case was referred to a magistrate judge who conducted an evidentiary hearing and filed a report recommending that Mishkin’s petition be granted. The district court agreed, and entered an order on December 16, 1999 compelling Osorio to return the children to Venezuela within ten days and ordering her to keep the children within the Southern District of Florida pending their return to Venezuela. See Pesin v. Osorio Rodriguez, 77 F.Supp.2d 1277, 1291 (S.D.Fla.1999). Osorio returned the children to Venezuela on December 20, 1999, but left the country with them the next day.

After the ten-day period had elapsed, Mishkin informed the court that Osorio had failed to return the children to him in Venezuela. The district court then set a status conference for January 11, 2000, ordering all parties and the children to attend. Neither Osorio nor the children were present at the conference. The court then issued an order to show cause why Osorio should not be held in contempt and scheduled another hearing. Again, neither Osorio nor the children attended the show cause hearing. Following Osorio’s failure to attend the second hearing, the district court found Osorio in contempt for her multiple refusals to comply with the court’s orders and entered a bench warrant for her arrest. The court’s order also provided that Osorio could purge her contempt by presenting the children before the district court or a proper Venezuelan court.

At the time of oral argument in this case, Osorio had yet to comply with the district court’s order. Her attorney informed the court that her whereabouts were unknown. Despite failing to end her contumacious conduct or submit to the court’s authority, Osorio has appealed the grant of Mishkin’s ICARA petition. [5]

Issues on Appeal

Osorio raises multiple issues in her briefs. However, as we discuss below, we decline to entertain Osorio’s appeal based on the fugitive disentitlement doctrine.

Discussion

It is well-settled law that an appellate court may dismiss the appeal of a party who is a fugitive from justice during the pendency of her appeal. The Supreme Court first applied the fugitive disentitlement doctrine in the 1876 case of Smith v. United States. See 94 U.S. 97, 24 L.Ed. 32 (1876). In Smitii, the Court declined to entertain the petition of a criminal defendant who had escaped and remained at large when his petition arose before the Court. The Court noted that it had no assurance that whatever judgment it rendered would be enforceable, since the petitioner was outside the reach of the law and would likely ignore an unfavorable result. See id.

Following the Smith decision, the fugitive disentitlement doctrine has been applied at both the trial and appellate level and in both criminal and civil cases. The power of a court to disentitle a fugitive from access to the court’s power is not jurisdictional in nature See Molinaro v. New Jersey, 396 U.S. 365, 366, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970) (noting that an appellant’s fugitive status does not strip a case of its character as an adjudicable case or controversy). Instead, the doctrine is an equitable one and rests upon the power of the courts to administer the federal courts system. See Ortega-Rodriguez v. United States, 507 U.S. 234, 244, 113 S.Ct.[*1253] 1199, 1205, 122 L.Ed.2d 581 (1998). Aside from the difficulty of enforcing a judgment against a fugitive, other rationales underlying the doctrine include promoting the efficient operation of the courts, discouraging flights from justice, and avoiding prejudice to the other side caused by the appellant’s fugitive status. See Empire Blue Cross and Blue Shield v. Finkelstein, 111 F.3d 278, 280 (2nd Cir.1997).

Although the “classic case” in which the doctrine has been applied involves the direct appeal of a criminal defendant, the doctrine has also been applied where the fugitive was not a criminal defendant, but instead was a civil litigant who continued to ignore court orders and evade arrest. For example, in the recent case of United States v. Barnette, we applied the doctrine to bar the appeal of two civil defendants who had ignored civil contempt orders and had evaded arrest pursuant to bench warrants. See 129 F.3d 1179, 1185-86 (11th Cir.1997). The appellants in Barnette were a married couple who failed to comply with the district court’s production orders. The court issued a show cause order and scheduled a hearing. Neither appellant appeared at the hearing. The court held the Barnettes in contempt and issued bench warrants. At the time of the appeal, the Barnettes had failed to purge their contempt and continued to evade arrest. The Barnette court opined that, as in Smith, any judgment rendered in the case would be an advisory opinion, since the Barnettes were almost certain to ignore an adverse ruling. Therefore, the court dismissed the appeal.

We conclude that the same result is proper in this case. Osorio has repeatedly defied court orders and ignored contempt sanctions and has continued to evade arrest. Her behavior to date leaves little doubt that she would defy an adverse ruling. Moreover, it would be inequitable to allow Osorio to use the resources of the courts only if the outcome is a benefit to her. We cannot permit Osorio to reap the benefits of a judicial system the orders of which she has continued to flaunt. Accordingly, Osorio’s appeal is dismissed.

Mishkin has filed a cross-appeal, contending that he was improperly denied attorneys’ fees and costs available under ICARA for successful petitioners. See 42 U.S.C. § 11607(b)(3). Under Local Rule 7.3 of the Southern District of Florida, a “motion for attorneysf] fees and/or to tax costs ... shall be filed and served within 30 days of entry of [f]inal judgment ...” S.D. Fla. L.R. 7.3. It is undisputed that Mishkin failed to file a motion for attorneys’ fees within the time provided by Local Rule. Accordingly, we reject Mishkin’s cross-appeal as meritless.

APPEAL DISMISSED; CROSS-APPEAL, AFFIRMED.

1

. There has been some inconsistency in the record and the briefs as to names used to refer to the parties. For clarity, we will follow the magistrate judge and refer to the appellant and appellee as Osorio and Mishkin respectively.

2

. ICARA is the statute implementing the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25 1980, T.I.A.S. No. 11,670 [hereinafter the Hague Convention], The Hague Convention was enacted to "secure the prompt return of children wrongfully removed to or retained in any Contracting State” and to "ensure that rights of custody and of access under the law of one Contracting Stale are effectively respected in the other Contracting States.” Hague Convention, art. 1, T.I.A.S. No. 11,670, at 4. Under ICARA, a person may petition a court authorized to exercise jurisdiction in the place where a child is located for the return of the child to his or her habitual residence in another signatory country. See 42 U.S.C. § 11603; Hague Convention, art. 3(a), T.I.A.S. No. 11,670, at 4.

3

. Mishkin is also a citizen of the United States, while Osorio is also a Spanish citizen.

4

. The family also traveled to the island of Aruba during the vacation. While in Aruba, Osorio and Mishkin resided together.

5

. Osorio also filed a notice of appeal of the contempt order, but later voluntarily dismissed the appeal.