Harold Arviv, Arviv Holdings, Ltd., Crepaco Corporation and Belgravia Corporation v. Jeffrey M. Perlow, Jeffrey M. Perlow, P.A., and Perlman & Perlow, P.A.

Summary

The Florida Fourth District Court of Appeal reversed a final judgment dismissing the plaintiffs’ complaint with prejudice for failure to comply with discovery orders. The court held that discovery sanctions require the noncomplying party to have the present ability to comply and that dismissal was unreasonable absent a finding of willfulness or bad faith. The case was remanded with instructions to reinstate the complaint.

Holdings

1. The trial court abused its discretion by dismissing the complaint with prejudice because the plaintiff had no present means of complying with the discovery orders.
2. Striking pleadings or dismissing a complaint for discovery noncompliance is unreasonable absent a determination that the failure was willful, in bad faith, or in contumacious disregard of the court's authority.

Questions Presented

1. Whether the trial court abused its discretion by dismissing the complaint with prejudice as a discovery sanction when the plaintiff lacked the present ability to comply with the discovery orders.
2. Whether dismissal or striking of pleadings as a discovery sanction requires a finding that the noncompliance was willful, in bad faith, or in contumacious disregard of the court's authority.

Disposition

reversed_and_remanded