JAMES AUSTIN, APPELLANT,
v.
STEVEN PAPOL, APPELLEE
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PER CURIAM.
We reverse the final judgment dismissing Austin’s complaint with prejudice and entering a default judgment against him on Papol’s counterclaim. The trial court erred in imposing such extreme sanctions without first affording Austin the opportunity to be heard on the question of whether his failure to appear at the scheduled depositions was willful or in bad faith. Lazare v. Weiss, 437 So. 2d 211 (Fla. 3d DCA 1983); Kuechenberg v. Creative Interiors, Inc., 424 So. 2d 145 (Fla. 4th DCA 1982); Sunstream Jet Center, Inc. v. Lisa Leasing Corp., 423 So. 2d 1005 (Fla. 4th DCA 1982); Owens-Illinois v. Lewis, 260 So. 2d 221 (Fla. 1st DCA 1972).
Accordingly, we reverse and remand the case for an evidentiary hearing after notice to Austin.
GRIMES, A.C.J., DANAHY, J., and BOARDMAN, EDWARD F„ (Ret.) J., concur.
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Domenic A. Franchi v. Myron Shapiro and Jeffrey B. Shapiro, 650 So. 2d 161 (Fla. 3d DCA 1995)…a party must be given notice and an opportunity to be heard. Wildwood Properties, Inc. v. Archer of Vero Beach, Inc., 621 So. 2d 691, 692 (Fla. 4th DCA 1993); Neder v. Greyhound Fin. Corp., 592 So. 2d 1218, 1218 (Fla. 1st DCA 1992); Austin v. Papal, 464 So. 2d 1338, 1339 (Fla. 2d DCA 1985); Kuechenberg v. Creative Interiors, Inc., 424 So. 2d 145, 146 (Fla. 4th DCA 1982); Owens-Illinois, Inc. v. Lewis, 260 So. 2d 221, 226 (Fla. 1st DCA 1972). This opportunity to be heard must include the opportunity to present…
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Belflower v. Cushman & Wakefield OF Fla., Inc., 510 So. 2d 1130 (Fla. 2d DCA 1987)…remand the cause for an evidentia-ry hearing to determine whether Belflow [*1132] er’s failure to attend the December 23 deposition resulted from the type of conduct which would justify the sanction of default. See Mercer; see also, Austin v. Papol, 464 So. 2d 1338 (Fla. 2d DCA 1985); Sunstream Jet Center, Inc. v. Lisa Leasing Corp., 423 So. 2d 1005 (Fla. 4th DCA 1982). In light of the foregoing disposition, we need not address the other issues raised on appeal. Reversed and remanded. CAMPBELL, A.C.J., and…
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Alton Sizemore and Golie Sizemore v. RAY Gunter Trucking, Inc., 524 So. 2d 717 (Fla. 1st DCA 1988)…. v. Lisa Leasing Corp., 423 So. 2d 1005 (Fla. 4th DCA 1982) (remand for evidentiary hearing to determine whether failure to comply resulted from such willfulness or bad faith as would justify the sanction of default, citing Owens); Austin v. Papol, 464 So. 2d 1338 (Fla. 2d DCA 1985) (error to impose extreme sanction of default without first affording the opportunity to be heard on the question of whether the failure was willful or in bad faith, citing Owens); Belflower v. Cushman and Wakefield of Florida, Inc…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Owens-Illinois, Inc. v. Lewis, 260 So. 2d 221 (Fla. 1st DCA 1972)
- Freddy Charles Green v. State, 424 So. 2d 145 (Fla. 4th DCA 1982)
- Henriquez v. State, 423 So. 2d 1005 (Fla. 3d DCA 1982)
- Sunstream JET Ctr., Inc. v. Lisa Leasing Corp. & United States Fire Ins. Co., 423 So. 2d 1005 (Fla. 4th DCA 1982)
- Calafell v. Kinstler, 437 So. 2d 211 (Fla. 3d DCA 1983)
- Cavanaugh v. Etta Reuben, 437 So. 2d 211 (Fla. 3d DCA 1983)