DANIEL F. WALSH, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Nationwide Lift Trucks, Inc. v. Smith, 832 So. 2d 824 (Fla. 4th DCA 2002)
  …priateness of sanctions for failing to preserve evidence depends on: (1) willfulness or bad faith of the responsible party, (2) the extent of prejudice suffered by the other party, and (3) what is required to cure the prejudice. Harrell v. Maybeiry, 754 So. 2d 742 (Fla. 2d DCA 2000) and cases cited. In the present case the trial court found, applying these criteria, that plaintiffs were unable to proceed without the altered or lost evidence and, indeed, Nationwide has not suggested a credible lesser sanction…
• Robinson v. Nationwide Mut. Fire Ins. Co., 887 So. 2d 328 (Fla. 2004)
  …of the trial court’s authority, bad faith, or willful disregard to a trial court’s order, or conduct which evinces deliberate callousness. 443 So. 2d at 946; see also Hetherington v. Donner, 786 So. 2d 9, 11 (Fla. 3d DCA 2001); Harrell v. Mayberry, 754 So. 2d 742, 744-45 (Fla. 2d DCA 2000); Amlan, Inc. v. Detroit Diesel Corp., 651 So. 2d 701, 703 (Fla. 4th DCA 1995). In this case, the issue presented to the Fourth District was the propriety of the sanctions imposed against the respondent for discovery viola…
• Anne Russell v. A.G. Edwards & Sons, Inc., 779 So. 2d 452 (Fla. 2d DCA 2000)
  …ction less serious than judgment on the pleadings. While we do not condone counsel’s actions, we conclude that the judgment on the pleadings for counsel’s contumacious disregard for the trial court’s orders was improper. Compare Harrell v. Mayberry, 754 So. 2d 742, 745 (Fla. 2d DCA 2000) (reversing a default judgment on the issue of liability as a sanction for discovery violations), and Ad Miller Assocs. v. Glynn, 736 So. 2d 798, 800 (Fla. 2d DCA 1999) (holding that trial court abused its discretion in enteri…