DIRK PEY, APPELLANT,
v.
TURNBERRY TOWERS CORP., APPELLEE
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SCHWARTZ, Chief Judge.
The trial court struck Pey’s pleadings and entered default judgment against him because of a violation of a court order, entered upon an October 25, 1984 hearing, which required that his answers to interrogatories be filed by November 1, 1984. In fact, the answers were air expressed from his home in Germany on October 29th, and were filed on November 5, 1984. Under the circumstances presented in the record, we conclude that the sanction imposed was unjustifiably harsh and a clear abuse of the trial court’s discretion. E.g., Santuoso v. McGrath & Associates, Inc., 385 So. 2d 112 (Fla. 3d DCA 1980); Zayres Department Stores v. Fingerhut, 383 So. 2d 262 (Fla. 3d DCA 1980); Beaver Crane Service, Inc. v. National Surety Corporation, 373 So. 2d 88 (Fla. 3d DCA 1979). Accordingly, the judgment under review is
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vasiliki Zafirakopoulous v. S. Miami Int'l Crabhouse Corp., 513 So. 2d 1353 (Fla. 3d DCA 1987)…willful refusal to comply with discovery orders or prejudice to plaintiff, and defendant had previously complied with plaintiff’s discovery requests although in a tardy manner), rev. denied, 501 So. 2d 1283 (Fla.1987); Pey v. Tumberry Towers Corp., 474 So. 2d 1279 (Fla. 3d DCA 1985) (trial court abused discretion in striking party’s pleadings on basis of violation of court order requiring that his answers to interrogatories be filed by November 1, and party’s answers were sent air-express from his home in Ger…
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Pilkington PLC v. Metro Corp., 526 So. 2d 943 (Fla. 3d DCA 1988)…mitted but no showing of bad faith), review denied, 511 So. 2d 297 (Fla.1987); Velazquez v. Gaitan, 499 So. 2d 66 (Fla. 3d DCA 1986) (order striking pleadings reversed where interrogatories answered several days late); Pey v. Turnberry Towers Corp., 474 So. 2d 1279 (Fla. 3d DCA 1985) (striking pleadings for failure to file timely answers to interrogatories too severe a penalty). A review of the events leading to the court’s dismissal fails to support the trial court’s finding that petitioners acted in willful…
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Adolfo Barreto v. Griffin, 600 So. 2d 566 (Fla. 3d DCA 1992)…the order represented an abuse of discretion under the circumstances and therefore reverse for trial and for other proceedings consistent herewith. See Pilkington PLC v. Metro Corp., 526 So. 2d 943 (Fla. 3d DCA 1988); Pey v. Turnberry Towers Corp., 474 So. 2d 1279 (Fla. 3d DCA 1985); Muhtar v. Aetna Ins. Co., 456 So. 2d 586 (Fla. 3d DCA 1984); Beaver Crane Service, Inc. v. National Sur. Corp., 373 So. 2d 88 (Fla. 3d DCA 1979). Reversed. SCHWARTZ, C.J., and JORGENSON, J„ concur. BARKDULL, J., dissents.…
Authorities Cited
- Santuoso v. McGRATH & Assocs., Inc., 385 So. 2d 112 (Fla. 3d DCA 1980)
- Cummings v. S.C. Ins. Co., 373 So. 2d 88 (Fla. 3d DCA 1979)
- Jacobsen v. Monroe Cnty., 383 So. 2d 262 (Fla. 3d DCA 1980)