ROBERT STABAK, APPELLANT,
v.
TROPICAL BREEZE ESTATES, INC., A FLORIDA CORPORATION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A default judgment for discovery violations is an abuse of discretion if the trial court does not make express written findings of willful or deliberate disregard of its order.
The trial court entered a default judgment against the appellant for failure to comply with discovery requests. The court did not make express finding…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Discovery Violations cases and more on FLexlaw
PER CURIAM.
The trial court entered a default judgment against the appellant, Robert Stabak, for failure to comply with discovery requests. Sanctioning a party for discovery violations is within the sound discretion of the trial court, and we will not overturn penalties imposed absent an abuse of discretion. Ham v. Dunmire, 891 So. 2d 492, 495 (Fla.2004).
The Florida Supreme Court has cautioned that dismissal of an action because of violation of a discovery order is an abuse of discretion per se, if the trial court does not make express written findings of fact of willful or deliberate disregard of the trial court’s order. Id. at 495; see Commonwealth Fed. Savings & Loan Ass’n v. Tubero, 569 So. 2d 1271 (Fla.1990). The court reasoned:
Express findings are required to ensure that the trial judge has consciously determined that the failure was more than a mistake, neglect, or inadvertence, and to assist the reviewing court to the extent the record is susceptible to more than one interpretation.
Ham, 891 So. 2d at 496. Although no particular “magic words” are necessary, the Ham court emphasized that “the trial court must make a ‘finding that the conduct upon which the order is based was equivalent to willfulness or deliberate disregard.’ ” Id. (quoting Tubero, 569 So. 2d at 1273).
Here, the trial court made no findings regarding willful or deliberate disregard, or their equivalent, by the defendant. The court merely stated that Stabak failed to serve plaintiffs counsel with responses to the discovery requests, and that he failed to provide any reasonable excuse for his failure to comply with the court’s orders at the hearing on the plaintiffs motion. Accordingly, we reverse and remand for further proceedings.
Reversed.
POLEN, SHAHOOD and TAYLOR, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Stabak v. Tropical Breeze Ests., Inc., 929 So. 2d 650 (Fla. 4th DCA 2006)…PER CURIAM. Reversed. See Stabak v. Tropical Breeze Estates, Inc., 925 So. 2d 1104 (Fla. 4th DCA 2006). STONE, POLEN and FARMER, JJ., concur.…
Authorities Cited
- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)
- HAM v. Dunmire, 891 So. 2d 492 (Fla. 2004)