WELLS FARGO BANK, N.A., APPELLANT,
v.
ERICA J. STAHLER, APPELLEE
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Wells Fargo appeals the dismissal of its foreclosure action against Stahler. The trial court dismissed the case as a sanction for alleged discovery abuses, but the appellate court reversed because the trial court failed to make the required written findings of willful or intentional defiance necessary to support such a dismissal.
The court reversed the dismissal because the trial court failed to include express written findings of fact supporting a conclusion that the failure to comply with the discovery order demonstrated willful or deliberate disregard. The record does not reflect willful defiance or contumacious behavior by Wells Fargo.
[1] A dismissal of a complaint as a sanction for discovery violations requires express written findings of fact supporting a conclusion that the failure to obey the court ord…
[2] A continuing and repeated failure to comply with a discovery order, while potentially reflecting inadequate counsel, is not equivalent to willful or contumacious behavior…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Dismissal "based on the violation of a discovery or [*1107] der requires express written findings of fact supporting the conclusion that the failure to obey the court order demonstrated willful or deliberate disregard."”
Establishes the mandatory requirement for written findings when dismissing based on discovery violations.
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Join FLexlaw to unlock all legal intelligenceWells Fargo filed a complaint to reestablish a lost note and mortgage and foreclose on real property. During litigation, Stahler moved to compel bette…
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Wells Fargo Bank, N.A. (“Wells Fargo”) appeals an order dismissing -without prejudice its action against Erica J. Stahler.1 Wells Fargo filed a complaint against Stahler, seeking to reestablish a lost note and mortgage, and to foreclose on certain real property. During the pendency of the litigation, Stahler moved to compel better answers to interrogatories, and to compel production of requested documents, arguing that the first set of responses was evasive and nonresponsive. The trial court granted those motions.2 Wells Fargo responded by filing a new set of responses to the interrogatories and requests for production. Unsatisfied with Wells Fargo’s response, Stahler filed a motion to dismiss with prejudice, arguing, among other things, that Wells Fargo’s new responses were not compliant with the trial court’s order.
The trial court held a hearing on the motion to dismiss. Stahler argued that because Wells Fargo had failed to comply with the court’s order, the complaint should be dismissed. Wells Fargo argued at length about its own efforts to comply with the court’s order, the vagueness of the interrogatories and requests for production, and its compliance with a monetary sanction imposed by the court. After hearing from both sides, the trial court dismissed the case without prejudice.
The dismissal without prejudice was clearly intended as a sanction for perceived discovery abuses. As such, we agree with Wells Fargo that the trial court erred in failing to include in its order a written finding of willful or intentional defiance of court authority. Commonwealth Fed. Savings & Loans Ass’n v. Tubero, 569 So.2d 1271 (Fla.1990). Dismissal “based on the violation of a discovery or*1107der requires express written findings of fact supporting the conclusion that the failure to obey the court order demonstrated willful or deliberate disregard.” Erdman v. Bloch, 65 So.3d 62, 66 (Fla. 5th DCA 2011). “[C]ontinuing and repeated failure to comply” is not the equivalent of “willful” or “contumacious” behavior, even if it does reflect “sloppy, inattentive and inadequate” counsel. Kelley v. Schmidt, 613 So.2d 918, 920 (Fla. 5th DCA 1993). Generally, “a protracted history of discovery abuses, numerous motions to compel, prior sanctions by the trial court, patent prejudice to the opposing party, or other circumstances” may support a finding of willful or deliberate disregard, but written findings are ultimately needed. Ham v. Dunmire, 891 So.2d 492, 499 (Fla.2004). The order of dismissal makes no findings; additionally, nothing in the current record reflects willful defiance of the court’s order or contumacious behavior.
REVERSED.
PALMER, EVANDER and COHEN, JJ., concur.
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Citator
Cited By
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Franklin v. Bank OF Am., N.A., 202 So. 3d 923 (Fla. 1st DCA 2016)…, 165 So. 3d 793 (Fla. 4th DCA 2015) (reversing order dismissing action without prejudice as sanction for discovery violations due to lack of written findings of willful or intentional defiance of court order); and Wells Fargo Bank, N.A. v. Stahler, 115 So. 3d 1105 (Fla. 5th DCA 2013) (same). However, in this case, BOA did not appeal the order of dismissal entered February 18, 2014. It is well-settled that after a final, appealable order is entered by the trial court, the court’s jurisdiction to enter additio…
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The Bank OF NEW York Mellon v. Kossis, 165 So. 3d 793 (Fla. 4th DCA 2015)…ings, that such findings and consideration were unnecessary because the dismissal order was “without prejudice.” We disagree that the “without prejudice” caveat made such findings and consideration unnecessary. See Wells Fargo Bank, N.A. v. Stahler, 115 So. 3d 1105, 1106 (Fla. 5th DCA 2013) (“The dismissal without prejudice was clearly intended as a sanction for perceived discovery abuses. As such, we agree with [the bank] that the trial court erred in failing to include in its order a written finding of willf…
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)
- Kelley v. Schmidt, 613 So. 2d 918 (Fla. 5th DCA 1993)
- Valcarcel v. Chase Bank USA NA, 54 So. 3d 989 (Fla. 4th DCA 2010)
- Erdman v. Bloch, 65 So. 3d 62 (Fla. 5th DCA 2011)