PARKER BIELING, APPELLANT,
v.
E.F. HUTTON & CO., INC. AND JAMES B. EVANS, APPELLEES

Fla. 2d DCA | 1988-02-10
No. 86-3301
RYDER, A.C.J., and SCHOONOVER, J., concur.
522 So. 2d 878 Florida District Court of Appeal, Second District (1988) Caution
Cited by 18 cases
Topics
Sanctions For Discovery Violations Discovery Violations Prejudice Sanctions

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Opinion of the Court
CAMPBELL, Judge.

CAMPBELL, Judge.

Appellant, plaintiff below, appeals a final order of the trial court that struck his pleadings and dismissed his cause of action as a sanction for alleged discovery violations. We have a very meager record to aid us in this appeal because many of the proceedings below were not reported. We are sensitive to the superior position of the trial judge to evaluate serious discovery violations and resulting court delays and detriment to the nonoffending party. However, we are reluctant to affirm such severe sanctions as have been imposed in this case absent a record that demonstrates that more reasonable and less punitive alternatives were not available.

In the absence of some showing of prejudice having been demonstrated by appellee because of appellant’s defaults, we reverse the trial court’s order striking appellant’s pleadings and dismissing his cause of action. Travelers Insurance Co. v. Rodriguez, 357 So. 2d 464 (Fla. 2d DCA 1978).

This case is reversed and remanded for further proceedings.

RYDER, A.C.J., and SCHOONOVER, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Moshe Tubero v. Chapnich, 552 So. 2d 932 (Fla. 4th DCA 1989)
    …his attorney. See Wallraff, 490 So. 2d at 52. With such a “meager” record, we are reluctant to affirm without an express finding by the trial court that the appellant willfully disregarded the rulings of the trial court. See Bieling v. E.F. Hutton, 522 So. 2d 878 (Fla. 2d DCA 1988). The trial court’s ruling that the complaint is dismissed simply “for failure to comply with the March 8, 1988 discovery order” is facially insufficient. Mercer requires that the court find willfulness or deliberate disregard. We…
  • Sheik Abdul Rahman Momenah v. Ammache, 616 So. 2d 121 (Fla. 2d DCA 1993)
    …to interfere with the trial court’s duty to manage its cases and to evaluate and deal with discovery violations, but the appellant’s actions in this case did not warrant the severe sanctions imposed upon him. See Bieling v. E.F. Hutton & Co., Inc., 522 So. 2d 878 (Fla. 2d DCA), rev. denied, 531 So. 2d 1352 (Fla.1988). The sanctions imposed must be commensurate with the offense, and they were not in this case. See Travelers Ins. Co. v. Rodriguez, 357 So. 2d 464 (Fla. 2d DCA1978). We, accordingly, reverse and…
  • Paterson v. Isidore Brafman, 530 So. 2d 499 (Fla. 3d DCA 1988)
    …olved here. § 28.222(3)(c), Fla.Stat. (1985);2 see § 695.11, Fla.Stat. (1985);3 [*501] Sapp v. Warner, 105 Fla. 245, 141 So. 124, 143 So. 648, 144 So. 481 (1932); Sharpe v. Calabrese, 528 So. 2d 947 (Fla. 5th DCA 1988); Hieber v. Florida Nat’l Bank, 522 So. 2d 878 (Fla. 3d DCA 1988); Leffler v. Smith, 388 So. 2d 261 (Fla. 5th DCA 1980), pet. for review denied, 397 So. 2d 778 (Fla. 1981). The applicability of this immutable doctrine to this situation is established by two Florida decisions. First Fed. Sav. &…

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