JOE GERSTEN, APPELLANT,
v.
THE CANVASSING BOARD OF DADE COUNTY, FLORIDA, BRUCE KAPLAN, AND CONCHY BRETOS, APPELLEES

Fla. 3d DCA | 1995-01-11
No. 94-0335
POLEN, MARK E., FARMER, GARY M. and PARIENTE, BARBARA J., Associate Judges, concur.
775 So. 2d 306 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Joe Gersten appeals the dismissal with prejudice of his civil action, which challenges the outcome of an election for a Dade County Commission seat won by appellee Bruce Kaplan. The dismissal was imposed as a sanction for appellant’s failure to answer interrogatories, even after a 45-day period of extension sought by appellant, a subsequent order requiring the answers to be filed “forthwith,” and a motion to impose sanctions for failure to comply. The trial court found appellant’s failure to answer the interrogatories to be willful. We affirm on authority of Commonwealth Federal Savings and Loan v. Tubero, 569 So. 2d 1271 (Fla.1990), and Mercer v. Raine, 443 So. 2d 944 (Fla.1983).

POLEN, MARK E., FARMER, GARY M. and PARIENTE, BARBARA J., Associate Judges, concur.


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  • Jones v. State, 780 So. 2d 218 (Fla. 2d DCA 2001)
    …omment,” which could refer to a closing argument issue. Furthermore, this court has noted that “a trial attorney’s recitation of judicial acts to be reviewed frequently bears no resemblance to the questions actually raised on appeal.” Ivey v. State, 775 So. 2d 306, 307 (Fla. 2d DCA 1999) (reversing summary postconviction denial that was based on statement of judicial acts).…
  • Edwards v. State, 788 So. 2d 1108 (Fla. 2d DCA 2001)
    …is not apparent of record. Having found no harmful, reversible error in the convictions or sentences, we affirm without prejudice to Edwards’ ability to raise his ineffectiveness of counsel argument in a post-conviction petition. See Ivey v. State, 775 So. 2d 306 (Fla. 2d DCA 1999). NORTHCUTT, A.C.J., DAVIS and SILBERMAN, JJ., concur. . 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…

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