Tubero v. Chapnich

Summary

The Florida Fourth District Court of Appeal held that an order imposing dismissal or default as a discovery sanction under Florida Rule of Civil Procedure 1.380 must expressly find that the noncompliance was willful or deliberate. Because the trial court's dismissal order lacked such a finding, the court reversed and remanded for further proceedings, while certifying a question of great public importance to the Florida Supreme Court.

Holdings

1. An order granting dismissal or default under Florida Rule of Civil Procedure 1.380 for failure to provide discovery must contain an express written finding that the party's conduct was a willful or deliberate violation of the discovery orders.
2. The dismissal order was facially insufficient because it merely stated that the complaint was dismissed for failure to comply with the discovery order and did not expressly find willful or deliberate disregard.

Questions Presented

1. Whether a trial court order imposing dismissal or default as a severe discovery sanction under Florida Rule of Civil Procedure 1.380 must contain an express written finding that the noncompliance was willful or deliberate.
2. Whether the trial court abused its discretion by dismissing the complaint without making an express written finding of willful or deliberate disregard of the discovery orders.

Disposition

reversed_and_remanded