Legal Opinion

Earp v. Winters

District Court of Appeal of Florida

Decided March 26, 1997No. 96-01554PublishedCited by 2 opinions

1Opinion of the Court

ROSMAN, JAY B., Associate Judge.

Mrs. Genevieve Earp challenges the trial court’s order and final judgment entered thereon striking her pleadings as a sanction for her counsel’s failure to file a pretrial witness list as ordered by the court. We conclude that the court’s sanction did not comply with the requirements set forth in Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993), and, therefore, reverse and remand with instructions to the trial court to reinstate her pleadings.

The appellant seeks to recover damages she sustained in a motor vehicle accident as a result of the appellee Winters’s…

2Cases cited2 opinions

  1. Kozel v. OstendorfSupreme Court of Florida · 1994
  2. Commonwealth Fed. Sav. & Loan Ass'n v. TuberoSupreme Court of Florida · 1990

3Cited by2 opinions

  1. Walicki v. Waste Management, Inc.District Court of Appeal of Florida · 1997
  2. Progressive Consumers Insurance v. Deco Natural Stone, Inc.District Court of Appeal of Florida · 2002

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