Legal Opinion

First Fairway Condominium I Ass'n v. Gulfstream Roofing, Inc.

District Court of Appeal of Florida

Decided November 19, 1997No. 96-4061PublishedCited by 5 opinions

1Per curiam

Appellant, First Fairway Condominium I Association, appeals the trial court’s order dismissing its' complaint as a sanction for its counsel’s failure to attend a court-ordered status conference. We reverse for want of an express finding of willful and contumacious behavior that is supported by the record.

In March 1994, First Fairway sued Appel-lee, Gulfstream Roofing, Inc. The only discovery occurring between the parties was a scheduled deposition and a set of interrogatories answered by First Fairway in September 1995. Eleven months later, in August 1996, the trial court ordered the parties…

2Cases cited5 opinions

  1. Commonwealth Fed. Sav. & Loan Ass'n v. TuberoSupreme Court of Florida · 1990
  2. Kelley v. SchmidtDistrict Court of Appeal of Florida · 1993
  3. Zeigler v. HustonDistrict Court of Appeal of Florida · 1993
  4. World on Wheels of Miami, Inc. v. INTERN. AUTO MOTORS, INC.District Court of Appeal of Florida · 1990
  5. Lenfestey v. United States Balloon Corp.District Court of Appeal of Florida · 1997

3Cited by5 opinions

  1. Dedmon v. KellyDistrict Court of Appeal of Florida · 2011
  2. Greenhill v. Shands Teaching Hospital & Clinics, Inc.District Court of Appeal of Florida · 2002
  3. Petersen & Hawthorne, P.A. v. EMI Enterprises, Inc.District Court of Appeal of Florida · 2013
  4. Kaufman v. FS Tenant Pool III TrustDistrict Court of Appeal of Florida · 2012
  5. RENEL MARCELUS and ODETTE MARCELUS v. AQUA FINANCE, INC.District Court of Appeal of Florida · 2022

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