BAJA VILLAGE MARKETS, INC., APPELLANT,
v.
BAJA SUPERMARKET, INC., RAIMUNDO GONZALEZ, AND MARIA GONZALEZ, APPELLEES
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Baja Village Markets appeals a trial court's order striking its pleadings and entering a final default judgment for failure to retain new counsel within 30 days. The appellate court reverses, holding that striking pleadings requires an express judicial finding of willful and deliberate misconduct, which the trial court failed to make.
Striking a party's pleadings is a severe sanction that can only be imposed upon a party's willful and deliberate disregard of a court's authority. A trial court is required to make an express determination that the offending party's actions were willful or deliberate before striking pleadings. Mere negligence or noncompliance standing alone is insufficient.
[1] Striking a party's pleadings as a sanction for discovery misconduct is the most severe penalty and must be employed only in extreme circumstances.
[2] Striking a party's pleadings is justified only where there is a deliberate and contumacious disregard of the court's authority.
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Join FLexlaw to unlock all legal intelligence“the striking of a party's pleadings is a severe sanction which can only be imposed upon a party's willful and deliberate disregard of a court's authority. Mere negligence does not suffice to justify such an extreme measure, and mere noncompliance with a court order, standing alone, is insufficient to indicate willfulness.”
Establishes the legal standard that striking pleadings requires willful and deliberate conduct, not mere negligence or noncompliance.
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Join FLexlaw to unlock all legal intelligenceBaja Village Markets' prior counsel was permitted to withdraw from the case. The trial court ordered the appellant to retain new counsel within thirty…
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PER CURIAM.
This is an appeal from the trial court’s order striking the pleadings of, and entering a Final Default Judgment against, the appellant. The trial court’s action was based on the appellant’s failure to comply with a court order directing that it retain new counsel within thirty days from the time its prior counsel was permitted to withdraw from the case. It is well-settled that the striking of a party’s pleadings is a severe sanction which can only be imposed upon a party’s willful and deliberate disregard of a court’s authority. Mere negligence does not suffice to justify such an extreme measure, and mere noncompliance with a court order, standing alone, is insufficient to indicate willfulness. See K & K World Enter., Inc. v. Union SPOL, S.R.O., 692 So. 2d 1000, 1002 (Fla. 3d DCA 1997). In addition, it is equally clear that before a court may strike a party’s pleadings, “a trial court is required to make an express determination as to whether the offending party’s actions were willful or deliberate.” See Visoly v. Kluger, Peretz, Kaplan & Berlin, P.A., 707 So. 2d 427, 428 (Fla. 3d DCA 1998).
There was no finding by the lower court that the appellant’s failure to comply with the court’s order was willful, deliberate, or in disregard of the court’s authority, and the record could not support any such finding. As such, we reverse the Final Judgment and remand this case to the trial court for further proceedings consistent with this opinion. See Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So. 2d 1271 (Fla.1990); Visoly v. Kluger, Peretz, Kaplan & Berlin, P.A., 707 So. 2d 427 (Fla. 3d DCA 1998); K & K World Enter., Inc. v. Union SPOL, S.R.O., 692 So. 2d 1000 (Fla. 3d DCA 1997); Onyx Fin. Group, Inc. v. International Waste Sys., Inc., 619 Sp.2d 1036 (Fla. 3d DCA 1993); Carr v. Dean Steel Bldgs., Inc., 619 So. 2d 392 (Fla. 1st DCA 1993); Insua v. World Wide Air, Inc., 582 So. 2d 102 (Fla. 2d DCA 1991); Carillon Corp. v. Devick, 554 So. 2d 630 (Fla. 4th DCA 1989); Beauchamp v. Collins, 500 So. 2d 294 (Fla. 3d DCA 1986); Aller v. Editorial Planeta, S.A., 389 So. 2d 321 (Fla. 3d DCA 1980).
Reversed.
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Rose v. Inge B. Ford, 861 So. 2d 490 (Fla. 4th DCA 2003)…es, the order striking appellant’s pleadings contains no findings or express determination that appellant’s noncompliance was deliberate and in contumacious disregard for the court’s authority. See Baja Village Mkts., Inc. v. Baja Supermarket, Inc., 712 So. 2d 465 (Fla. 3d DCA 1998)(the striking of a party’s pleadings is a severe sanction which can be imposed only upon a party’s willful and deliberate disregard of a court’s authority and by the express determination by the court that the party’s actions were…
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Dslrpros Inc. v. Lalo, 257 So. 3d 548 (Fla. 3d DCA 2018)…tendorf, 629 So. 2d 817 (Fla. 1993) and make express written findings of fact to support the conclusion that the failure to obey the court orders “demonstrates willful or deliberate disregard”); Baja Vill. Markets, Inc. v. Baja Supermarket, Inc., 712 So. 2d 465, 466 (Fla. 3d DCA 1998) (concluding, where the trial court struck the defendant’s pleadings for failure to comply timely with a court order directing the defendant to retain new counsel, that the “striking of a party’s pleadings is a severe sanct…
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Deer Valley Realty v. Beck & Lee, P.A., 260 So. 3d 413 (Fla. 3d DCA 2018)…s authority, and the record could not support any such finding. As such, we reverse the Final Judgment and remand this case to the trial court for further proceedings consistent with this opinion. Baja Vill. Markets, Inc. v. Baja Supermarket, Inc., 712 So. 2d 465, 466 (Fla. 3d DCA 1998). Because the trial court struck Deer Valley’s pleadings and counterclaims, and entered a default final judgment without making the required express findings that Deer Valley’s failure to timely secure replacement counsel…
Previewing 3 of 4 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)
- Beauchamp v. Collins, 500 So. 2d 294 (Fla. 3d DCA 1986)
- Insua v. World Wide AIR, Inc., 582 So. 2d 102 (Fla. 2d DCA 1991)
- Aller v. Editorial Planeta, S.A., 389 So. 2d 321 (Fla. 3d DCA 1980)
- Carr v. Dean Steel Bldgs., Inc., 619 So. 2d 392 (Fla. 1st DCA 1993)
- Carillon Corp. v. Seymour Devick and Florence Devick, 554 So. 2d 630 (Fla. 4th DCA 1989)
- K&K World Enter., Inc. v. Union Spol, 692 So. 2d 1000 (Fla. 3d DCA 1997)
- Browning-Ferris Indus. Chem. Servs., Inc. v. Kargauer, 707 So. 2d 427 (Fla. 3d DCA 1998)