Gilles Bernaad and Michel Bernaad v. Katherine Hintz

Summary

The Florida Fourth District Court of Appeal reversed an order striking the defendants' pleadings and entering a default as a discovery sanction. The majority held that the trial court abused its discretion by imposing the sanctions without a noticed hearing and without findings of deliberate and contumacious disregard or willful failure to comply with discovery; a dissent would have affirmed.

Holdings

1. The trial court abused its discretion by imposing the sanctions without holding a noticed hearing.
2. The trial court abused its discretion because it failed to make the requisite finding that the defendants' conduct demonstrated a deliberate and contumacious disregard of the court's authority or a willful failure to submit to discovery.

Questions Presented

1. Whether the trial court abused its discretion by striking the defendants' pleadings and entering a default as discovery sanctions without first holding a noticed hearing.
2. Whether such severe discovery sanctions required an express finding that the defendants acted with a deliberate and contumacious disregard of the court's authority or willfully failed to comply with discovery.

Disposition

reversed