Canella v. Bryant

(specially concurring).

I respectfully concur only in the conclusion reached by the majority. Further, I am clearly persuaded that the sanctions provided in Rule 1.380(d), F.R.C.P., to include entry of a judgment by default, may be applied equally against either parties plaintiff or parties defendant, the majority opinion and the provisions of Rashard v. Cappiali, Fla.App.1965, 171 So.2d 581, to the contrary notwithstanding. I see nothing contrary to this in the language of the rule or, with the exceptions above noted, in the cases which have construed the rule. In Williams v. Owen,…