C.A. BURNETTE, APPELLANT,
v.
GROVE ISLE CLUB, INC., GROVE ISLE ASSOCIATION, INC. AND JOSE REYES, APPELLEES
C.A. BURNETTE, APPELLANT,
GROVE ISLE CLUB, INC., GROVE ISLE ASSOCIATION, INC. AND JOSE REYES, APPELLEES
710 So. 2d 80
Florida District Court of Appeal, Third District (1998)
Positive Treatment
Cited by 21 cases
Opinion of the Court
PER CURIAM.
Given the clear record evidence of the appellant’s repeated failure to comply or inadequate compliance with numerous discovery orders after warning, we cannot find that the lower court abused its discretion in striking the appellant’s pleadings after it found that the noncompliance with these orders was willful. See Commonwealth Fed. Savings and Loan Ass’n v. Tubero, 569 So. 2d 1271, 1273 (Fla.1990); Davis Garden Estates, Inc. v. American Inv. Realty, Inc., 670 So. 2d 1180, 1181 (Fla. 3d DCA 1996); Mack v. National Constructors, Inc., 666 So. 2d 244, 245 (Fla. 3d DCA 1996).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Noel v. State, 127 So. 3d 769 (Fla. 4th DCA 2013)…to pay restitution before probation can be revoked for a failure to pay.” (citations omitted and emphasis removed)); Dirico v. State, 728 So. 2d 763, 765 (Fla. 4th DCA 1999) (citing Stephens v. State, 630 So. 2d 1090 (Fla.1994)); Thompson v. State, 710 So. 2d 80, 81-82 (Fla. 4th DCA 1998); Johnson v. State, 698 So. 2d 909, 909 (Fla. 4th DCA 1997) (“This court has previously held that in order to revoke probation for failure to pay supervision costs there must ... be a sufficient demonstration of probationer…
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Aidone v. State, 763 So. 2d 1127 (Fla. 4th DCA 1999)…the trial court must specifically find that the probationer had the ability to pay and willfully refused to do so. See Stephens v. State, 630 So. 2d 1090, 1091 (Fla.1994); Dirico v. State, 728 So. 2d 763, 767 (Fla. 4th DCA 1999); Thompson v. State, 710 So. 2d 80, 81 (Fla. 4th DCA 1998); Smith v. State, 642 So. 2d 1105, 1105 (Fla. 4th DCA 1994). The State bears the burden to demonstrate appellant’s ability to pay and the willful nature of his refusal. Holt v. State, 385 So. 2d 1133, 1134 (Fla. 5th DCA 1980).…
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LeMASTER v. State, 765 So. 2d 259 (Fla. 1st DCA 2000)…trial court’s consideration of the issue. See Whittington v. State, 688 So. 2d 1035, 1036 (Fla. 1st DCA 1997) (citing Gavins v. State, 587 So. 2d 487 (Fla. 1st DCA 1991)); Cobham v. State, 736 So. 2d 67 (Fla. 4th DCA 1999) (citing Thompson v. State, 710 So. 2d 80 (Fla. 4th DCA 1998)). REVERSED and REMANDED. BOOTH, MINER and VAN NORTWICK, JJ„ CONCUR.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)
- Hunt v. State, 670 So. 2d 1180 (Fla. 3d DCA 1996)
- Mack v. Nat'l Constructors, Inc., 666 So. 2d 244 (Fla. 3d DCA 1996)