DONALD M. SCHAFROTH, APPELLANT,
v.
BARBARA D. SCHAFROTH, APPELLEE
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SCHWARTZ, Chief Judge.
The general master recommended granting the ex-husband’s motion to dismiss the appellee’s petition for modification of the alimony provision of the parties’ 1989 “Amended Marital Settlement Agreement.” We conclude that the trial court properly sustained her exceptions to that report on the ground that it embodied an erroneous conclusion of law. See § 61.14, Fla.Stat. (1991); Feldman v. Feldman, 317 So. 2d 136 (Fla. 3d DCA 1975). Because this was the case, the master’s determination — unlike a finding of fact on disputed evidence — did not bind the trial court, which was, to the contrary, required to set it aside. See Mounce v. Mounce, 459 So. 2d 437 (Fla. 3d DCA 1984); Vogel v. Vogel, 323 So. 2d 306 (Fla. 3d DCA 1975), cert. denied, 336 So. 2d 605 (Fla.1976); Bergh v. Bergh, 127 So. 2d 481 (Fla. 1st DCA 1961), cert. denied, 133 So. 2d 323 (Fla.1961).
Affirmed.
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Ragoonanan v. Assocs. IN Obstetrics & Gynecology, 619 So. 2d 482 (Fla. 2d DCA 1993)…hospital’s claim that the Ra-goonanans failed to cooperate in good faith with presuit discovery, as required by section 766.205, Florida Statutes. Failure to comply with presuit discovery does not mandate dismissal of a claim. Wainscott v. Rindley, 610 So. 2d 649 (Fla. 3d DCA 1992). Dismissal is justified only where the failure to cooperate is unreasonable, and even unreasonable conduct may not justify the ultimate sanction of dismissal. Id. at 650. The only deficiency in the Ra-goonanans’ performance appear…
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Plemondon v. Alberto Fernandez, M.D., 699 So. 2d 755 (Fla. 4th DCA 1997)…PER CURIAM. Affirmed. See Wainscott v. Rindley, 610 So. 2d 649 (Fla. 3d DCA 1992). STONE, C.J., and SHAHOOD, J., concur. POLEN, J., dissents with opinion.…
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Armando DE LA Torre, M.D. v. Orta, 785 So. 2d 553 (Fla. 3d DCA 2001)…compensatory award to plaintiffs as a sanction for the doctor’s noncompliance. Striking the doctor’s defenses, however, goes too far under the circumstances of this case. See Pagan v. Smith, 705 So. 2d 1034 (Fla. 3d DCA 1998); Wainscott v. Rindley, 610 So. 2d 649, 650-51 (Fla. 3d DCA 1992). Indeed, the Kukral court itself said in a parenthetical comment that “striking a defendant doctor’s defenses for failure to timely respond to presuit discovery requests [was] held too harsh a remedy in [the] absence of pr…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bergh v. Bergh, 127 So. 2d 481 (Fla. 1st DCA 1961)
- Allie Pittman v. Mehaffey, 127 So. 2d 481 (Fla. 1st DCA 1961)
- Bergh v. Bergh, 133 So. 2d 323 (Fla. 1961)
- Alda Phyllis Feldman v. Al Feldman, 317 So. 2d 136 (Fla. 3d DCA 1975)
- Vogel v. Vogel, 323 So. 2d 306 (Fla. 3d DCA 1975)
- Tamela Mounce v. Mounce, 459 So. 2d 437 (Fla. 3d DCA 1984)