PHYLLIS DALE MITCHEM, APPELLANT,
v.
ALBERT JAMES GRUBBS, APPELLEE
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The Florida District Court of Appeal reversed a modification order for child support and visitation that was entered after an ex parte hearing imposed as a sanction for the custodial parent's discovery violations. The court held that while discovery sanctions are within the trial court's discretion, imposing a sanction that prevents full consideration of the minor child's interests and needs constitutes an abuse of discretion.
The trial court abused its discretion by imposing sanctions that inhibited full consideration of the minor child's rights and interests. While discovery sanctions including striking pleadings are authorized and within the trial court's discretion, such severe sanctions should only be imposed in extreme circumstances and not in a manner that precludes adequate consideration of the child's needs in a support modification case.
[1] A trial court abuses its discretion by imposing sanctions for a discovery violation that preclude a full consideration of a minor child's interests and rights.
[2] Sanctions for failure to obey a discovery order, such as striking pleadings or prohibiting evidence, should be employed only in extreme circumstances.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Although these are severe sanctions which should be employed only in extreme circumstances, their imposition is a matter within the discretion of the trial court.”
Establishes that discovery sanctions are discretionary but should only be used in extreme cases
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Join FLexlaw to unlock all legal intelligenceThe parties' marriage was dissolved by decree giving appellant custody of their minor child and establishing appellee's child support obligation and v…
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WENTWORTH, Judge.
Appellant seeks review of an order by which appellee’s child support obligation and visitation rights were modified after an ex parte hearing. We find that the court erred in proceeding ex parte as a sanction for appellant’s failure to comply with a discovery order, and we therefore reverse the appealed order of modification.
The parties’ marriage was dissolved by a dissolution decree which placed the custody of their minor child with appellant, and established appellee’s child support obligation and entitlement to visitation at “reasonable times and places.” Appellee subsequently moved for modification, seeking a reduction of child support and the establishment of specific visitation times. In connection with this motion for modification appellee requested that appellant produce various documents for discovery. Ap pellant did not comply with the request, and the court eventually entered an order directing the production of the requested documents and cautioning that a failure to comply could result in appellant’s pleadings being stricken and the matter proceeding ex parte. Appellant neither complied with, nor sought review of, the court's discovery order. Appellee moved for the imposition of sanctions, and the court then entered an order striking appellant’s pleadings and directing that the action proceed ex parte.
At the hearing for modification appellee presented evidence and appellant’s counsel was afforded an opportunity for cross-examination. But appellant was not allowed to present any affirmative evidence. Determining that appellee had established entitlement to modification, the court entered an order fixing more specific periods of visitation and reducing the child support obligation.
In accordance with Fla.R.Civ.P. 1.380(b)(2), upon a party’s failure to obey a discovery order the court may impose sanctions including the striking of pleadings, prohibiting the introduction of evidence, and refusing to allow the presentation of a claim or defense. Although these are severe sanctions which should be employed only in extreme circumstances, their imposition is a matter within the discretion of the trial court. See generally Watson v. Peskoe, 407 So. 2d 954 (Fla. 3d DCA 1982).
However, while the sanction imposed in the present case was intended to penalize appellant, it may also have had the effect of precluding a complete consideration of the needs of the minor child. As indicated in Locklear v. Sampson, 478 So. 2d 1113 (Fla. 1st DCA 1985), the proceeding should not be viewed “as if it were no more than a simple claim between private parties to enforce a monetary obligation.” It is the child, who was not a party to the discovery violation, for whom the support is intended. The court could have insured that the child’s interests and rights were safeguarded by a thorough presentation of evidence, and imposed one of the various other sanctions authorized by Rule 1.380(b).
But by imposing sanctions inhibiting a full consideration of the rights and interests of the minor child in the present case the trial court abused its discretion.
The order appealed is reversed, and the cause remanded.
BOOTH, C.J., and SMITH, J., concur.
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Shelton Eugene Vaught v. Ilene Altrena Mercer, 513 So. 2d 229 (Fla. 1st DCA 1987)…ul that this action concerns a determination of paternity. We have previously held that the unique consequences flowing from a paternity determination require special care in applying the ultimate sanction of default. As stated in Mitchem v. Grubbs, 485 So. 2d 891, 892 (Fla. 1st DCA 1986), “[i]t is the child, who was not a party to the discovery violation, for whom the support is intended.” As appellant’s initial address error may have been inadvertent, and because he reestablished contact and indicated his w…
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Edwards v. Edwards, 634 So. 2d 284 (Fla. 4th DCA 1994)…of the authorized sanctions enumerated under rule 1.380(b). Further, it is reversible error to impose a sanction which punishes an individual or party who bears no responsibility for a discovery violation committed by another. See Mitchem v. Grubbs, 485 So. 2d 891 (Fla. 1st DCA 1986). That is especially true where the individual most injured by the sanction is a minor child whose rights and interests are the subject matter of the proceedings. Stoner v. Verkaden, 493 So. 2d 1126 (Fla. 4th DCA 1986). Reversed…
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State Dep't OF Revenue v. Aguirre, 705 So. 2d 990 (Fla. 3d DCA 1998)…d one of the various other sanctions authorized by Rule 1.380(b). But by imposing sanctions inhibiting a full consideration of the rights and interests of the minor child in the present case the trial court abused its discretion. Mitchem v. Grubbs, 485 So. 2d 891, 892 (Fla. 1st DCA 1986) (emphasis added; citation omitted); see Stiles v. Bargeron, 559 So. 2d 365, 367 (Fla. 1st DCA 1990); see also State Department of Revenue v. Aravz, 678 So. 2d 464, 465 (Fla. 3d DCA 1996). With those principles in mind, we t…
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
- Watson v. Peskoe, 407 So. 2d 954 (Fla. 3d DCA 1981)
- Locklear v. Sampson, 478 So. 2d 1113 (Fla. 1st DCA 1985)