Jalil v. Merkury Corp.

We find that the trial court abused its discretion by dismissing the plaintiffs’, Gloria Jalil and Lynne Gonzalez’s, amended complaint and by striking their pleadings where the trial court failed to make a finding of wilful disregard of the trial court’s discovery orders, where the dismissal of the plaintiffs’ amended complaint and the striking of their pleadings was too severe a sanction for a first time discovery violation, and where there were other lesser sanctions available. Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993); Mercer v. Raine, 443 So.2d 944 (Fla.1983); Florida Lime Growers,…