Legal Opinion

Baja Village Markets, Inc. v. Baja Supermarket, Inc.

District Court of Appeal of Florida

Decided July 1, 1998No. 97-2578PublishedCited by 4 opinions

1Per curiam

This is an appeal from the trial court’s order striking the pleadings of, and entering a Final Default Judgment against, the appellant. The trial court’s action was based on the appellant’s failure to comply with a court order directing that it retain new counsel within thirty days from the time its prior counsel was permitted to withdraw from the case. It is well-settled that the striking of a party’s pleadings is a severe sanction which can only be imposed upon a party’s willful and deliberate disregard of a court’s authority. Mere negligence does not suffice to justify such an extreme…

2Cases cited8 opinions

  1. Commonwealth Fed. Sav. & Loan Ass'n v. TuberoSupreme Court of Florida · 1990
  2. Beauchamp v. CollinsDistrict Court of Appeal of Florida · 1986
  3. Insua v. World Wide Air, Inc.District Court of Appeal of Florida · 1991
  4. Aller v. Editorial Planeta, SADistrict Court of Appeal of Florida · 1980
  5. Carillon Corp. v. DevickDistrict Court of Appeal of Florida · 1989

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Deer Valley Realty v. Beck & Lee, P.A.District Court of Appeal of Florida · 2018
  2. Dslrpros Inc. v. LaloDistrict Court of Appeal of Florida · 2018
  3. RSBD, LLC v. Velocity 1, LLC, Velocity 3, LLCDistrict Court of Appeal of Florida · 2024
  4. Riot Jacques and Claire Jacques v. Reece Builders East Coast Division, LLCDistrict Court of Appeal of Florida · 2025

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