Commonwealth Federal Savings and Loan Association v. Tubero

Summary

In *Commonwealth Federal Savings & Loan Ass'n v. Tubero*, 569 So.2d 1271 (Fla. 1990), the Florida Supreme Court held that an order imposing the severe discovery sanctions of dismissal or default under Florida Rule of Civil Procedure 1.380 must contain an express written finding that the party’s failure to comply was willful or deliberate. The court reasoned that such a finding ensures the trial judge consciously determined the noncompliance was more than neglect or inadvertence and facilitates meaningful appellate review. No “magic words” are required, but the order must reflect a determination that the conduct was equivalent to willfulness or deliberate disregard.

Holdings

1. An order imposing the severe sanctions of dismissal or default for failure to comply with discovery must contain an express written finding that the party's conduct was a willful or deliberate disregard of the court's order.

Questions Presented

1. Is an express written finding of willful or deliberate refusal to obey a court order to comply with discovery under Florida Rule of Civil Procedure 1.380 necessary to sustain the severe sanctions of dismissal or default against a noncomplying plaintiff or defendant?

Disposition

approved