Legal Opinion
Cook v. CUSTOM MARINE DISTRIBUTING, INC.
District Court of Appeal of Florida
Decided March 17, 2010No. 4D08-4892PublishedCited by 6 opinions
1Opinion of the CourtHazouri, J.
Southern Cross Yachts International Tnc., and Arthur Cook, appeal from a final judgment in favor of Custom Marine Distributing Inc., and Marine Yacht Specialties, Inc. The final judgment was rendered against the appellants as a result of their answer being stricken as a sanction for discovery misconduct. We reverse.
Pursuant to Florida Rule of Civil Procedure 1.380, the striking of a party’s pleadings as a sanction for discovery misconduct is authorized. “The striking of pleadings, though, is ‘the most severe of penalties and must be employed only in extreme circumstances.’ ” Fisher v. Prof'l…
2Cases cited8 opinions
- Mercer v. RaineSupreme Court of Florida · 1983
- Kozel v. OstendorfSupreme Court of Florida · 1994
- Ham v. DunmireSupreme Court of Florida · 2004
- Florida Nat. Organization for Women, Inc. v. StateDistrict Court of Appeal of Florida · 2002
- Bank One, NA v. HarrodDistrict Court of Appeal of Florida · 2004
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tobin v. TobinDistrict Court of Appeal of Florida · 2013
- America's Yate De Costa Rica v. Armco Manufacturing, Inc.District Court of Appeal of Florida · 2011
- Heritage Circle Condominium Ass'n v. State, Florida Department of Business & Professional Regulation, Division of Condominiums, Timeshares & Mobile HomesDistrict Court of Appeal of Florida · 2013
- Estate of Meus ex rel. Meus v. GEO Group, Inc.District Court of Appeal of Florida · 2011
- MOSHE ZUCHAER v. PENINSULA CONDOMINIUM ASSOCIATION INC.District Court of Appeal of Florida · 2022
1 more not listed; retrieve them via the Exa API.