WALDEMAR MORALES, APPELLANT,
v.
EDELMA PEREZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOSE MIGUEL PEREZ, DECEASED, ET AL., APPELLEES
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A default judgment entered as a sanction for repeated and willful discovery violations will be affirmed absent a clear abuse of discretion.
The defendant repeatedly violated discovery rules, culminating in his attorney's failure to appear at a pretrial conference. The trial court entered a…
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PER CURIAM.
Morales, the defendant below, appeals from a default judgment determining the issue of liability in favor of the plaintiff. The trial court entered the default at a pretrial conference as a sanction for the defendant’s repeated and willful violations of the discovery rules. We affirm.
The record reveals numerous failures on the part of Morales to comply with orders relating to discovery, concluding with the failure of his attorney to appear at a scheduled pretrial conference. It was within the discretion of the trial court to enter a default as a sanction for these discovery violations.1 Fla.R.Civ.P. 1.200(b). See Mercer v. Raine, 443 So. 2d 944 (Fla.1983); A.H. Robins Co. v. Devereaux, 415 So. 2d 30 (Fla. 3d DCA 1982), pet. for review denied, 426 So. 2d 25 (Fla.1983); City of Miami Beach v. Chadderton, 306 So. 2d 558, dismissed mem., 312 So. 2d 757 (Fla.1975). Such orders will not be reversed on appeal unless there was clearly an abuse of discretion by the trial court. Chamberlin v. Mid Century Insurance Co., 350 So. 2d 364 (Fla. 2d DCA 1977).
The trial court was entitled to interpret Morales’ repeated failures to comply with discovery orders as willful and intentional, justifying the severe sanction of default. Compare Johnson v. Allstate Insurance Co., 410 So. 2d 978 (Fla. 5th DCA 1982) with W.G.C., Inc. v. The Man Co., 360 So. 2d 1152 (Fla. 3d DCA 1978).
We find no abuse of discretion and the default judgment is accordingly affirmed.
. Counsel for appellant — the third or fourth in the case — was not involved in the discovery violations, which caused striking of the defenses.
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Citator
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Kelley v. Schmidt, 613 So. 2d 918 (Fla. 5th DCA 1993)…the striking of a party’s pleadings resulting in either dismissal or a default judgment is the most severe sanction. It should be used sparingly and reserved to those instances where the conduct is flagrant, willful or persistent. Morales v. Perez, 445 So. 2d 393 (Fla. 3d DCA), cause dismissed, 453 So. 2d 44 (Fla.1984); 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); Hart v. Weaver, 364 So. 2d 524 (Fla. 2d…
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United Servs. Auto. Ass'n v. Strasser, 492 So. 2d 399 (Fla. 4th DCA 1986)…t is more nearly commensurate with the offense, and we allow it to stand. ANSTEAD and GUNTHER, JJ., concur. . Appellee further supports the trial court’s action with three other rather recent Florida appellate court decisions. In Morales v. Perez, 445 So. 2d 393 (Fla. 3d DCA 1984), a default judgment in favor of the plaintiff/appellee was appealed. The default judgment had been entered at a pretrial conference as a sanction against the appellant/defendant’s repeated and willful violations of discovery rules…
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Vasiliki Zafirakopoulous v. S. Miami Int'l Crabhouse Corp., 513 So. 2d 1353 (Fla. 3d DCA 1987)…, 501 So. 2d 639 (Fla. 3d DCA 1986) (sanction of dismissal warranted where ninth in series of party’s law firms failed to comply with any of four outstanding discovery orders despite notice), rev. denied, 511 So. 2d 298 (Fla.1987); Morales v. Perez, 445 So. 2d 393 (Fla. 3d DCA 1984) (sanction of default judgment upheld where defendant had repeatedly and willfully violated discovery rules culminating in his attorney’s failure to appear at scheduled pretrial conference), appeal dismissed, 453 So. 2d 44 (Fla.198…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mercer v. J.D. Raine, Sr., 443 So. 2d 944 (Fla. 1983)
- Johnson v. Allstate Ins. Co., 410 So. 2d 978 (Fla. 5th DCA 1982)
- A. H. Robins Co., Inc. v. Devereaux, 415 So. 2d 30 (Fla. 3d DCA 1982)
- Bowden v. State, 306 So. 2d 558 (Fla. 1st DCA 1975)
- W. G. C., Inc. v. The MAN Co., 360 So. 2d 1152 (Fla. 3d DCA 1978)
- Litem v. Marco Island Dev. Corp., 312 So. 2d 757 (Fla. 1975)
- Belton Donald Chamberlin and Beth Morean v. Mid-Century Ins. Co., 350 So. 2d 364 (Fla. 2d DCA 1977)
- Carroll Oller v. State, 350 So. 2d 364 (Fla. 2d DCA 1977)