Smith Original Homes, Inc. v. Carpet King Carpets, Inc.
District Court of Appeal of Florida
1Opinion of the Court
STRINGER, Judge.
Smith Original Homes, Inc., challenges the circuit court’s final judgment entered after it struck Smith’s pleadings for failing to pay a $28,000 increase in the transfer bond pursuant to section 713.24(3), Florida Statutes (2000). We reverse because the circuit court imposed the most severe sanction without express statutory authority or any findings of deliberate disregard or gross indifference to the court’s order.
Carpet King Carpets, Inc., brought this lawsuit in county court against Smith Original Homes, a home building company, and Robert and Yvina Fernandez, the…
2Cases cited6 opinions
- Mercer v. RaineSupreme Court of Florida · 1983
- Commonwealth Fed. Sav. & Loan Ass'n v. TuberoSupreme Court of Florida · 1990
- Aetna Cas. and Sur. Co. v. BuckSupreme Court of Florida · 1992
- Garden-Aire Village Sea Haven, Inc. v. DeckerDistrict Court of Appeal of Florida · 1983
- Carr v. ReeseDistrict Court of Appeal of Florida · 2001
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3Cited by6 opinions
- Ross Dress for Less Virginia, Inc. v. CastroDistrict Court of Appeal of Florida · 2014
- Bayview Construction Corp. v. Jomar Properties, LLC.District Court of Appeal of Florida · 2012
- Al-Mosawi v. City of Crescent CityDistrict Court of Appeal of Florida · 2006
- Blake v. U.S. Bank, N.A.District Court of Appeal of Florida · 2019
- Blake v. U.S. Bank, N.A.District Court of Appeal of Florida · 2019
1 more not listed; retrieve them via the Exa API.