JEFFREY J. HOFFMAN, PETITIONER,
v.
ELIZABETH C. HOFFMAN, RESPONDENT
JEFFREY J. HOFFMAN, PETITIONER,
ELIZABETH C. HOFFMAN, RESPONDENT
764 So. 2d 3
Florida District Court of Appeal, Fourth District (1998)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We grant the petition for certiorari and quash the trial court’s order that imposed a fine of $500.00 per day for discovery violations because the order lacked the requisite determination that the petitioner was in contempt and had the present ability to purge same. See Florida Physicians Ins. Reciprocal v. Baliton, 436 So. 2d 1110 (Fla. 4th DCA 1983); Paramount Advisors, Inc. v. Schwartz, 591 So. 2d 671 (Fla. 4th DCA 1991).
GLICKSTEIN, POLEN and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Channel Components, Inc. v. Am. II Elecs., Inc., 915 So. 2d 1278 (Fla. 2d DCA 2005)…larly large amount for violation of discovery orders. See, e.g., Stewart, 728 So. 2d 1233 (granting writ of certiorari to quash order imposing fine of $1000 per day for discovery violations entered without a finding of contempt); Hoffman v. Hoffman, 764 So. 2d 3 (Fla. 4th DCA 1998) (granting writ of cer-tiorari to quash order imposing fine of $500 per day for discovery violations because there was no determination of contempt or the party’s present ability to purge); Nordyne, Inc. v. Fla. Mobile Home Supply…
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Hoffman v. Hoffman, 793 So. 2d 128 (Fla. 4th DCA 2001)…ion. As a result of numerous discovery violations by the Former Husband, the trial court imposed a $500.00 per day fine, but this court quashed the order imposing the fine because there was no finding that he was in contempt. See Hoffman v. Hoffman, 764 So. 2d 3 (Fla. 4th DCA 1998). While the certiorari proceeding was pending in this court, the trial court entered an order striking the Former Husband’s pleadings because of his continued violation of discovery orders specifically stating, “[bjecause multiple…
Authorities Cited
- Fla. Physicians Ins. Reciprocal v. Romeo C. Baliton, M.D., 436 So. 2d 1110 (Fla. 4th DCA 1983)
- Kendrick v. State, 591 So. 2d 671 (Fla. 2d DCA 1991)