Summary
The Florida Third District Court of Appeal reversed an interlocutory default entered against a defendant as a discovery sanction for failing to resubmit to a deposition. The court held that entry of default determining liability was an excessive sanction and an abuse of discretion because the record did not establish sufficiently aggravated or willful disobedience, while permitting the trial court to impose a lesser authorized sanction on remand.
Holdings
- A default determining liability is an excessive discovery sanction and an abuse of discretion when the circumstances do not establish an extreme, flagrant, or aggravated violation and the sanction is disproportionate to the violation.
Questions Presented
- Whether the trial court abused its discretion by entering a default determining liability as a discovery sanction for Santuoso's failure to resubmit to deposition.
Disposition
reversed_and_remanded
Cases Cited (9)
- Owens-Illinois, Inc. v. Lewis, 260 So. 2d 221, 226 (Fla. 1st DCA 1972)(followed)
- Leatherby Insurance Company v. Jones, 332 So. 2d 139 (Fla. 3d DCA 1976)(followed)
- Hurley v. Werly, 203 So. 2d 530 (Fla. 2d DCA 1967)(followed)
- Turner v. Anderson, 376 So. 2d 899 (Fla. 2d DCA 1979)(followed)
- Travelers Insurance Company v. Rodriguez, 357 So. 2d 464 (Fla. 2d DCA 1978)(followed)
- Goldstein v. Goldstein, 284 So. 2d 225 (Fla. 3d DCA 1973)(followed)
- Beaver Crane Service, Inc. v. National Surety Corporation, 373 So. 2d 88 (Fla. 3d DCA 1979)(followed)
- Masons Concrete of Crystal River, Inc. v. Corbin Well Pump & Supply, Inc., 364 So. 2d 824 (Fla. 2d DCA 1978), cert. denied, 373 So. 2d 457 (Fla. 1979)(followed)
- Ramos v. Sanchez, 375 So. 2d 51 (Fla. 2d DCA 1979)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…