RALPH J. BANKS, APPELLANT,

v.

STATE OF FLORIDA DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT PROGRAM O/B/O AMANDA M. PISANO, APPELLEE

Citator

Cited By

• Petersen & Hawthorne, P.A. v. EMI Enters., Inc., 115 So. 3d 1064 (Fla. 4th DCA 2013)
  …v. Gulfstream Roofing, Inc., 701 So. 2d 652, 653 (Fla. 4th DCA 1997). Further, the court must set forth findings supporting its ruling in the subject order, and “failure to do so constitutes reversible error.” Giemme USA, LLC v. La Sala Group, Inc., 92 So. 3d 920, 922 (Fla. 4th DCA [*1065] 2012). See also First Fairway Condo. I Ass’n, Inc., 701 So. 2d at 653 (“By imposing the harsh sanction of dismissal without an express finding of willful and contumacious behavior that is supported by the record, the trial…
• Schneider v. Spaeth, 133 So. 3d 1167 (Fla. 4th DCA 2014)
  …ropriate action.” Fla. R. Civ. P. 1.200(c). We have consistently held, however, that “[a] finding that the party’s conduct was willful and contumacious is necessary for entering a default under rule 1.200(c).” Giemme USA, LLC v. La Sala Group, Inc., 92 So. 3d 920, 922 (Fla. 4th DCA 2012) (quoting Zeigler v. Huston, 626 So. 2d 1046, 1047 (Fla. 4th DCA 1993)); see also Townsend v. Feinberg, 659 So. 2d 1218, 1219 (Fla. 4th DCA 1995) (“Prior to exercising its discretion to grant dismissal based on failure to com…
• Special K Invs., Inc. v. Meiman, 197 So. 3d 1245 (Fla. 3d DCA 2016)
  …agrant, deliberate, or otherwise aggravated.” U.S. Bank Nat’l Assoc, v. Martinez, 188 So. 3d 107, 108 (Fla. 5th DCA 2016); see also Jenkins v. Allstate Prop. & Cas. Ins. Co., 185 So. 3d 675 (Fla. 2d DCA 2016); Giemme USA, LLC v. La Sala Group, Inc., 92 So. 3d 920 (Fla. 4th DCA 2012); Paris Int'l Records & Filmworks, Inc. v. Rodriguez, 539 So. 2d 5 (Fla. 3d DCA 1989). The record in this case does not contain any evidence that counsel’s failure to appear at the case management conference was willful, flagrant…