AGENCIAS MARITIMAS NICARAGUENSES, S.A., A FOREIGN CORPORATION, D/B/A ARMANIC LINES AND/OR MAMENIC LINES, APPELLANT,
v.
RAFAEL USATORRES, AND LIDIA USATORES, APPELLEES

Fla. 3d DCA | 1983-04-26
No. 82-1421
Before BARKDULL, NESBITT and FERGUSON, JJ.
435 So. 2d 247 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 32 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Where there was some evidence that appellant was the owner of the vessel which, due to its negligent operation, caused appel-lee’s injuries, and appellant, defending on the grounds that it was only an agent for the principal, willfully refused to comply with the court’s order to produce documents disclosing the identity of the owner, it was proper to strike the defense and enter judgment for appellee. See Watson v. Peskoe, 407 So. 2d 954 (Fla. 3d DCA 1981).

Affirmed.


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  • Amlan, Inc. v. Detroit Diesel Corp., 651 So. 2d 701 (Fla. 4th DCA 1995)
    …Continental Casualty Co. v. Morgan, 445 So. 2d 678 (Fla. 4th DCA 1984); Watson v. Peskoe, 407 So. 2d 954 (Fla. 3rd DCA 1981); Ferrante v. Waters, 383 So. 2d 749 (Fla. 4th DCA 1980); AVD Enters.; Agendcias Maritimas Nicaraguenses, S.A. v. Usatorres, 435 So. 2d 247 (Fla. 3d DCA 1983); Pinakatt v. Mercy Hosp., Inc., 394 So. 2d 441 (Fla. 3d DCA 1981). While sanctions imposed on the offending party in this case would be within the trial court’s discretion, depending on the nature and extent of the party’s miscon…
  • Dep't OF Transp. v. Weisenfeld, 617 So. 2d 1071 (Fla. 5th DCA 1993)
    …or further proceedings including the assessment of a reasonable fee. . Justice O’Connor in her concurring opinion characterized such success as “purely technical or de minimis." Farrar, — U.S. at-, 113 S.Ct. at 576. . County of Volusia v. Pickens, 435 So. 2d 247 (Fla. 5th DCA) pet. for rev. denied, 443 So. 2d 980 (Fla.1983).…
  • Dep't OF Transp. v. L.I. Gefen, 636 So. 2d 1345 (Fla. 1994)
    …unsuccessful appeal. The statute was obviously enacted in contemplation of condemnation actions brought by the State. In the interest of fairness, it has been construed to include successful inverse condemnation actions. Volusia County v. Pickens, 435 So. 2d 247 (Fla. 5th DCA), review denied, 443 So. 2d 980 (Fla.1983); State Road Dep’t v. Lewis, 190 So. 2d 598 (Fla. 1st DCA), cert. dismissed, 192 So. 2d 499 (Fla.1966). However, we cannot read the statute so broadly as to require the payment of appellate att…

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