SERVICO CENTRE ASSOCIATES, LTD., APPELLANT/CROSS APPELLEE,

v.

REBECCA E. WALKER, AS PALM BEACH COUNTY PROPERTY APPRAISER, APPELLEE/CROSS APPELLANT, AND ALLEN C. CLARK, TAX COLLECTOR FOR PALM BEACH COUNTY, ET AL., APPELLEES

Citator

Cited By

• Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)
  …ust recite a party’s willful failure to submit to discovery. In re Forfeiture of Twenty Thousand Nine Hundred Dollars ($20,900) U.S. Currency, 539 So. 2d 14 (Fla. 4th DCA 1989); Bernaad v. Hintz, 530 So. 2d 1055 (Fla. 4th DCA 1988); Arviv v. Perlow, 528 So. 2d 139 (Fla. 4th DCA 1988); Donner v. Smith, 517 So. 2d 709 (Fla. 4th DCA 1987); Championship Wrestling from Florida, Inc. v. DeBlasio, 508 So. 2d 1274 (Fla. 4th DCA), review denied, 518 So. 2d 1274 (Fla.1987); McNamara v. Bradley Realty, Inc., 504 So. 2d…
• Moshe Tubero v. Chapnich, 552 So. 2d 932 (Fla. 4th DCA 1989)
  …sing a case as a sanction for discovery violations has been followed in several later opinions by this court. McNamara v. Bradley Realty, Inc., 504 So. 2d 814 (Fla. 4th DCA 1987); Donner v. Smith, 517 So. 2d 709 (Fla. 4th DCA 1987); Arviv v. Perlow, 528 So. 2d 139 (Fla. 4th DCA 1987); Bernaad v. Hintz, 530 So. 2d 1055 (Fla. 4th DCA 1988); In Re: Forfeiture of Twenty Thousand Nine Hundred Dollars Currency, 539 So. 2d 14 (Fla. 4th DCA 1989). Yet other cases from this court appear to examine the record as a who…
• Abel Gomez-Bonilla v. Apollo Ship Chandlers, Inc., 650 So. 2d 116 (Fla. 3d DCA 1995)
  …omply with the court’s discovery orders. A trial court should only impose discovery sanctions, especially the severe sanction, of dismissal, “when the non-complying party has the present ability to comply with the discovery orders.” Arviv v. Perlow, 528 So. 2d 139, 140 (Fla. 4th DCA 1988). It is an abuse of discretion for a trial court to impose the sanction of dismissal upon a party who does not have the present ability to comply with the court’s discovery orders. See Arviv, 528 So. 2d at 140 (finding that t…

Authorities Cited

• Bystrom v. S.F. Whitman, 488 So. 2d 520 (Fla. 1986)
• Walker v. Smathers, 507 So. 2d 1207 (Fla. 4th DCA 1987)