Stoner v. Verkaden

Summary

The Florida Fourth District Court of Appeal reversed a final judgment against an individual defendant because the trial court's discovery order directed only the corporation to produce bills and invoices. The court held that discovery sanctions could not be imposed on the individual for the corporation's noncompliance, and that the issue was fundamental and could be considered for the first time on appeal.

Holdings

1. The trial court committed harmful error by striking the individual defendant's pleadings because the discovery order did not direct her to produce the requested bills and invoices, and the corporation's alleged discovery misconduct could not be charged to her as a co-party.
2. The appellate court could consider the issue for the first time on appeal because the trial court's lack of authority to impose the sanctions constituted fundamental error and declining review would result in a miscarriage of justice.

Questions Presented

1. Whether the trial court could impose discovery sanctions against the individual defendant when the discovery order did not direct her to produce the requested documents.
2. Whether the appellate court could consider that issue for the first time on appeal because the error was fundamental.

Disposition

reversed