STANLEY M. TURNER, D.C., M.D., APPELLANT,
v.
EMILY MARKS, AND HER HUSBAND WILLIE MARKS, APPELLEES
PER CURIAM.
AFFIRMED.
FARMER and DOWNEY, JJ., and JAMES, C., Senior Judge, concur. WARNER, J., concurs specially with opinion.
WARNER, Judge,
concurring specially.
This is an appeal from an order striking pleadings and entering a default based upon discovery abuses. Appellant claims that he complied with all outstanding orders compelling discovery. However, his compliance amounts to the continual furnishing of evasive and incomplete answers to discovery requests (which according to Rule 1.380(a)(3), Florida Rules of Civil Procedure, is the equivalent of a failure to answer). At some point “mere foot dragging” becomes conduct which evinces deliberate callousness and willful disregard of the court’s authority. See Commonwealth Federal Sav. and Loan Ass’n v. Tubero, 569 So. 2d 1271 (Fla.1990). And while I can find on this record a violation of the letter of the law by the filing of patently evasive and incomplete answers to interrogatories after being ordered to answer them, I also note a willful violation of the “spirit” of the law as evidenced by the two year effort, mostly unsuccessful, to extract information from this defendant. The trial court did not abuse its discretion.
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Inquiry Concerning a Judge, 753 So. 2d 1228 (Fla. 2000)…o relief on this basis. . The hearing panel look judicial notice of five appellate decisions relating to the Frank-Straley divorce: Straley v. Frank, 585 So. 2d 334 (Fla. 2d DCA 1991); Frank v. Straley, 602 So. 2d 1278 (Fla.1992); Straley v. Frank, 612 So. 2d 610 (Fla. 2d DCA 1992); Straley v. Frank, 650 So. 2d 628 (Fla. 2d DCA 1994); and Straley v. Hosman, 677 So. 2d 24 (Fla. 2d DCA 1996). The latest decision, Hosman, provides a comprehensive summary of the lengthy divorce litigation. See 677 So. 2d at 24-2…
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Adkins v. Adkins, 650 So. 2d 61 (Fla. 3d DCA 1994)…ion. We reject the wife’s contention, however, that any other appreciation to the home should also be considered a marital asset — such as the passive appreciation of the property due to the increase in land values in the area. See Straley v. Frank, 612 So. 2d 610, 612 (Fla. 2d DCA 1992); Hickman v. Hickman, 572 So. 2d 1021 (Fla. 2d DCA 1991). Ill We find no merit in the husband’s cross appeal and deem any discussion on the point unnecessary. The amended final judgment of marriage dissolution is affirmed in…1 / 2
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- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)