Legal Opinion

Chmura v. SAM RODGERS PROPERTIES, INC.

District Court of Appeal of Florida

Decided November 5, 2008No. 2D07-5135PublishedCited by 4 opinions

1Opinion of the Court

STRINGER, Judge.

Linda Chmura seeks review of a final judgment and judgment of foreclosure resulting from a claim of lien filed by contractor Sam Rodgers Properties, Inc. (“Rodgers”). The final judgment and foreclosure were entered after a bench trial attended only by Rodgers after the court struck Chmura’s answer, affirmative defenses, and counterclaim as a sanction for her failure to comply with a court order. Because the order striking Chmura’s pleadings constitutes an abuse of discretion, we reverse and remand for further proceedings. We decline to address the other alleged errors in light…

2Cases cited5 opinions

  1. Mercer v. RaineSupreme Court of Florida · 1983
  2. Commonwealth Fed. Sav. & Loan Ass'n v. TuberoSupreme Court of Florida · 1990
  3. Ham v. DunmireSupreme Court of Florida · 2004
  4. Clark v. Lake City Police Dept.District Court of Appeal of Florida · 1999
  5. Thomas v. Chase Manhattan BankDistrict Court of Appeal of Florida · 2004

3Cited by4 opinions

  1. Bechtel Corp. v. BatchelorDistrict Court of Appeal of Florida · 2018
  2. SAM RODGERS PROPERTIES, INC. v. ChmuraDistrict Court of Appeal of Florida · 2011
  3. Saewitz v. SaewitzDistrict Court of Appeal of Florida · 2012
  4. Bechtel Corp. v. BatchelorDistrict Court of Appeal of Florida · 2017

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