Garcia Fleet Corp. v. Martinez

We agree with the appellants that the trial court erred in imposing the extreme sanctions of striking their pleadings and entering a default and, subsequently, entering an order freezing their assets for failure to make discovery. It is undisputed on this record that, when the trial court granted the appellants’ motion for protective order, Rene and Nicolas Garcia were on the high seas and unavailable to be renoticed for their depositions. The Garci-as did not have the ability to comply with the discovery orders, see Grapin & Chaykin, M.D., P.A. v. Turnoff & Fox, M.D., P.A., 416 So.2d 843…