Fisher v. Professional Advertising Directors Co.

This appeal stems from a case that proceeded to trial on the matter of damages alone after the defendant’s answer was stricken as a sanction for discovery misconduct. The defendant challenges both the trial court’s decision to strike his answer and the damages award. We find merit in the defendant’s claim that the striking of his pleadings was an abuse of discretion under the circumstances of this case and reverse the order appealed.

The striking of a party’s pleadings as a sanction for discovery misconduct is authorized pursuant to Florida Rule of Civil Procedure 1.380. The striking of…