Donner v. Smith

Summary

The Florida Fourth District Court of Appeal reversed the dismissal of Miriam Donner’s personal injury action as a discovery sanction. The court held that the trial court committed procedural and due process errors, including reliance on nonexistent interrogatories, inadequate notice of an alleged physical-examination violation, insufficient hearing notice, and failure to make the required findings supporting the severe sanction of dismissal.

Holdings

1. The trial court improperly dismissed the action for failure to answer supplemental interrogatories because the order compelling answers concerned nonexistent interrogatories and was entered without proper service of a motion to compel or notice of hearing.
2. The trial court erred in dismissing the action based on Donner's failure to submit to a physical examination because that alleged discovery violation was not stated in the motion to dismiss and Donner was not given adequate notice and an opportunity to respond.
3. Mailing notice of the dismissal hearing two days before the hearing was inadequate and violated due process.
4. The dismissal was improper because the order did not contain findings of bad faith, willful disregard or gross indifference to a court order, or deliberate callousness, and dismissal was not warranted under the circumstances.

Questions Presented

1. Whether the trial court improperly dismissed the action based on failure to answer supplemental interrogatories that had not been properly identified or supported by notice and a motion to compel.
2. Whether the trial court could dismiss the action based on failure to submit to a physical examination when that alleged violation was raised ore tenus rather than stated in the motion to dismiss.
3. Whether two days' mailed notice of the dismissal hearing satisfied due process.
4. Whether dismissal as a discovery sanction was improper because the order lacked findings of bad faith, willful disregard, gross indifference, or deliberate callousness.

Disposition

reversed_and_remanded