JERRY R. MULLINS, JR., INDIVIDUALLY AND AS TRUSTEE FOR GULF COAST CATTLE SEMEN SERVICES, INC., AND GULF COAST CATTLE SERVICES, INC., A CORPORATION, APPELLANTS,
v.
WAYMON MONEYHAM, APPELLEE
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Court reversed default judgment and striking of pleadings imposed as discovery sanctions because trial court failed to make express written findings that appellants' conduct was willful or deliberate.
When imposing the ultimate sanction of striking pleadings and entering default judgment for discovery violations, the trial court must make express written findings that the violation was willful or deliberate.
[1] When imposing the ultimate sanction of striking pleadings and entering default judgment for discovery noncompliance, trial court must make express written findings that t…
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Join FLexlaw to unlock all legal intelligence“We are required to reverse the final judgment because the order imposing sanctions failed to contain the necessary express findings of willfulness required when this ultimate sanction is imposed.”
Court's explanation of the basis for reversal
Appellants failed to timely comply with the trial court's order compelling discovery. The trial court responded by striking appellants' pleadings and …
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PER CURIAM.
Appellants, Jerry R. Mullins, Jr. and Gulf Coast Cattle Services, Inc., appeal the final judgment entered against them in favor of appellee, Waymon Moneyham. The trial court entered an order striking appellants’ pleadings and entered a default judgment against appellants as sanctions for appellants’ failure to timely comply with its order compelling discovery. Because the trial court failed to make an express written finding that appellants’ conduct was a willful or deliberate violation of its order compelling discovery, we reverse and remand for further proceedings.
We are required to reverse the final judgment because the order imposing sanctions failed to contain the necessary express findings of willfulness required when this ultimate sanction is imposed. See Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So. 2d 1271, 1272 (Fla.1990). The record may certainly support a finding that appellants willfully failed to comply with the trial court's order compelling discovery. On remand, the trial court may, if deemed necessary, conduct an evidentiary hearing for the limited purpose of having appellants present evidence of any mitigating or extenuating circumstances demonstrating that their noncompliance was not deliberate or willful. See Harper-Elder v. Elder, 701 So. 2d 1230, 1231 (Fla. 4th DCA 1997). If the trial court determines the sanctions were justified and makes the express findings required by Tubero, it is authorized to reinstate the order striking appellants’ pleadings and the final judgment. Id.
REVERSED and REMANDED for further proceedings.
WOLF, C.J., LEWIS and POLSTON, JJ., concur.
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Oluwabukola Olawoye and Mulikatou Disu v. Olufisayo Arubuola, 198 So. 3d 1086 (Fla. 1st DCA 2016)…s and entering a default must be supported by an .express finding in the order “that the party’s conduct was willful and contumacious.” Schneider v. Spaeth, 133 So. 3d 1167, 1168 (Fla. 4th DCA 2014) (citations omitted); see also Mullins v. Moneyham, 861 So. 2d 108 (Fla. 1st DCA 2003) (reversing order striking pleadings and entering default as sanction for failure to comply with discovery order; order lacked express written findings of willful or deliberate violation); Greenhill v. Shands Teaching Hosp. & Clin…
Authorities Cited
- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)
- SUN Power Diesel, Inc. v. Fla. Detroit Diesel-Allison, Inc., 701 So. 2d 1230 (Fla. 4th DCA 1997)