SHELTON EUGENE VAUGHT, APPELLANT,
v.
ILENE ALTRENA MERCER, APPELLEE

Fla. 1st DCA | 1987-09-29
No. BS-319
BOOTH and WENTWORTH, JJ., and BEN C. WILLIS (Retired), Associate Judge, concur.
513 So. 2d 229 Florida District Court of Appeal, First District (1987) Positive Treatment
Cited by 4 cases

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Synopsis

A Florida appellate court reversed a trial court's default judgment against a defendant in a paternity case, holding that while the defendant's conduct was negligent, the unique consequences of a paternity determination require special care before imposing the ultimate sanction of default.


Holding

The trial court abused its discretion in striking appellant's defenses and entering default. Although appellant's conduct approached indifference or bad faith, the unique consequences of a paternity determination require special care before imposing the ultimate sanction of default, particularly where the initial address error may have been inadvertent and the appellant reestablished contact and indicated willingness to cooperate.


Headnotes

[1] Default is an appropriate sanction for deliberate and contumacious disregard of court authority, bad faith, willful disregard, gross indifference to a court order, or con…

[2] In paternity proceedings, the unique consequences require special care in applying the ultimate sanction of default due to the child's interest in support.

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Key Quotes

“default is an appropriate sanction in situations involving deliberate and contumacious disregard of court authority, bad faith, willful disregard, gross indifference to a court order, or conduct evincing deliberate callousness”

Establishes the legal standard for when default sanctions are appropriate in civil cases

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Facts & Procedural History

Appellant Vaught was named as the father in a paternity complaint filed by appellee Mercer in March 1986, which he denied. He agreed to a consent orde…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is before us on appeal from a nonfinal circuit court order striking appellant’s defenses and holding him in default in a paternity proceeding. The record shows that on March 5, 1986, appellee filed a complaint naming appellant as her child’s father, which appellant denied. Shortly thereafter, appellant agreed to entry of a consent order requiring an HLA blood test to determine paternity. Appellant then lost contact with his attorney for six months, missing three scheduled tests. Apparently, appellant provided his attorney with the correct name of his apartment complex but an incorrect address. His telephone was later disconnected, and he stopped working at his place of employment. Appellant made no attempt during the six-month lapse to contact his attorney, and his attorney was unable to reach him. Appellant ultimately telephoned his attorney to inquire about his case ten days after a motion for sanctions was filed. At hearing, appellant explained that his failure to appear was unintentional and that he never received actual notice of the tests. Similarly, he swore that he had never received a copy of the consent order requiring him to appear for HLA testing. He apologized and indicated his willingness to proceed with the test.

After considering the circumstances, the trial court struck appellant’s defenses and allowed appellee to proceed upon default. This appeal followed.

Under Mercer v. Raine, 443 So. 2d 944 (Fla.1988), default is an appropriate sanction in situations involving deliberate and contumacious disregard of court authority, bad faith, willful disregard, gross indifference to a court order, or conduct evincing deliberate callousness. See Mercer at 946-47.

Although appellant’s conduct certainly approaches indifference or bad faith, this court is mindful 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 willingness to cooperate with the HLA testing, we find that the trial court abused its discretion.

Although we do not believe this case demonstrates the degree of fault necessary to justify a default sanction in a paternity suit, this does not foreclose the trial court from imposing other penalties on remand. At the court’s discretion, it may require appellant to pay all test costs and any other costs necessitated by his neglect, or enter such other sanctions as it deems appropriate.

REVERSED and REMANDED for further proceedings in accordance with this opinion.

BOOTH and WENTWORTH, JJ., and BEN C. WILLIS (Retired), Associate Judge, concur.


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Citator

Cited By

  • Stiles v. Bargeron, 559 So. 2d 365 (Fla. 1st DCA 1990)
    …s held that the needs of the minor child require a more lenient standard for imposing discovery and default sanctions. Locklear v. Sampson, 478 So. 2d 1113 (Fla. 1st DCA 1985); Mitchem v. Grubbs, 485 So. 2d 891 (Fla. 1st DCA 1986); Vaught v. Mercer, 513 So. 2d 229 (Fla. 1st DCA 1987). As stated in Mitchem, “[i]t is the child, who was not a party to the discovery violation, for whom the support is intended.” The third blood test was obviously critical evidence necessary to resolve the diametrically opposed co…
  • Patton v. State, 620 So. 2d 1107 (Fla. 2d DCA 1993)
    …acked on plenary appeal, does not render a judgment “void” as that term is used in Davie and rule 1.540. Dismissal is a harsh sanction, no less at the appellate level than at trial. This is especially true in a paternity case. Cf. Vaught v. Mercer, 513 So. 2d 229 (Fla. 1st DCA 1987) (reversing default entered against putative father). However, we find that dismissal, rather than summary affir-mance pursuant to Florida Rule of Appellate Procedure 9.315(a), is warranted under the circumstances of this case. Al…

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