Legal Opinion

Killigan v. City of Lake Butler

District Court of Appeal of Florida

Decided June 20, 2002No. 1D01-2187PublishedCited by 1 opinion

1Per curiam

Appellant challenges an order granting appellees’ motion for involuntary dismissal with prejudice, filed pursuant to Florida Rule of Civil Procedure 1.420(b), as a sanction because of appellant’s alleged misrepresentations during discovery. We reverse because the order fails to include any findings whatsoever. See, e.g., Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So.2d 1271 (Fla.1990); Carr v. Dean Steel Bldgs., Inc., 619 So.2d 392 (Fla. 1st DCA 1993). Cf. Baker v. Myers Tractor Servs., Inc., 765 So.2d 149 (Fla. 1st DCA 2000).

REVERSED.

ALLEN, C.J., ERVIN and KAHN, JJ., concur.

2Cases cited3 opinions

  1. Commonwealth Fed. Sav. & Loan Ass'n v. TuberoSupreme Court of Florida · 1990
  2. Baker v. Myers Tractor Services, Inc.District Court of Appeal of Florida · 2000
  3. Carr v. Dean Steel Buildings, Inc.District Court of Appeal of Florida · 1993

3Cited by1 opinion

  1. North Star Beauty Salon, Inc. v. ArtztDistrict Court of Appeal of Florida · 2002