E. LAMAR BAILEY AND PERIMETER INVESTMENTS, INC., APPELLANTS,
v.
THE WOODLANDS COMPANY, INC., APPELLEE

Fla. 1st DCA | 1997-07-02
No. 96-91
JOANOS and VAN NORTWICK, JJ., concur.
696 So. 2d 459 Florida District Court of Appeal, First District (1997) Positive Treatment
Cited by 6 cases
Opinion of the Court
WOLF, Judge.

WOLF, Judge.

Appellants challenge the trial court’s authority to dismiss their amended counterclaim and third-party complaint with prejudice. We find that the trial court’s order finding a pattern of willful noneompliance or disregard of the rules of civil procedure complies with the requirements of Commonwealth Fed. Savings and Loan Ass’n v. Tubero, 569 So. 2d 1271 (Fla.1990). Our review of the record also reveals no abuse of discretion in the judge’s decision to dismiss wheré there had been repeated discovery violations and the appellants had failed to comply with the latest order of the court concerning discovery notwithstanding the court’s imposition of monetary sanctions within the prior order. The decision of the trial court is affirmed.

JOANOS and VAN NORTWICK, JJ., concur.

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  • Clark v. Lake City Police Dep't, 723 So. 2d 901 (Fla. 1st DCA 1999)
    …and Loan [*903] Ass’n v. Tubero, 569 So. 2d 1271, 1273 (Fla.1990). A pattern of disregard or deliberate disregard by the client as opposed to an attorney will support an affirmance of such an order. See Mercer, supra; Bailey v. Woodlands Co., Inc., 696 So. 2d 459 (Fla. 1st DCA 1997). Absent evidence of a willful failure to comply or extensive prejudice to the opposition, however, the granting of such an order constitutes an abuse of discretion. See Neal v. Neal, 636 So. 2d 810, 812-813 (Fla. 1st DCA 1994). I…
  • Icmfg & Assocs., Inc. v. The Bare Bd. Grp., Inc., 238 So. 3d 326 (Fla. 2d DCA 2017)
    …justify the striking of pleadings as will bad faith, willful disregard or gross indifference to an order of the court, or conduct that evinces deliberate callousness. Mercer v. Raine, 443 So. 2d 944, 946 (Fla. 1983) ; Bailey v. Woodlands Co., Inc., 696 So. 2d 459 (Fla. 1st DCA 1997) (affirming dismissal of party's pleading based on finding a pattern of willful noncompliance or disregard of the rules of civil procedure.) 20. [Recitation of pertinent factors under Kozel v. Ostendorf, 629 So. 2d 817, 818 (Fla.…
  • Surf Tech Int'l, Inc. v. Gorham Rutter, Jr., 785 So. 2d 1280 (Fla. 5th DCA 2001)
    …Loan Ass’n v. Tubero, 569 So. 2d 1271, 1273 (Fla.1990). A pattern of disregard or deliberate disregard by the client as opposed to an attorney will support an affirmance of such an order. See Mercer, 443 So. 2d at 946; Bailey v. Woodlands Co., Inc., 696 So. 2d 459 (Fla. 1st DCA 1997). Absent evidence of a willful failure to comply or extensive prejudice to the opposition, the granting of such an order constitutes an abuse of discretion. See Neal v. Neal, 636 So. 2d 810, 812-813 (Fla. 1st DCA 1994). The order…

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