Arkiteknic, Inc. v. United Glass Laminating, Inc.
District Court of Appeal of Florida
1Opinion of the CourtCortinas, J.
We reverse the trial court’s final default judgment and order striking pleadings as a sanction for failure to comply with certain disclosure deadlines. “Because dismissal is the ultimate sanction in the adversarial system, it should be reserved for those aggravating circumstances in which a lesser sanction would fail to achieve a just result.” Kozel v. Ostendorf, 629 So.2d 817, 818 (Fla.1993). To ensure that the sanction of dismissal is prudently applied, trial courts must first make certain preliminary findings of fact. Alvarado v. Snow White & the Seven Dwarfs, Inc., 8 So.3d 388 (Fla. 3d…
2Cases cited4 opinions
- Kozel v. OstendorfSupreme Court of Florida · 1994
- Smith v. City of Panama CityDistrict Court of Appeal of Florida · 2007
- Alvarado v. SNOW WHITE AND THE SEVEN DWARFS, INC.District Court of Appeal of Florida · 2009
- Tianvan v. Avco Corp.District Court of Appeal of Florida · 2005
3Cited by7 opinions
- Deutsche Bank National Trust Co. v. CagigasDistrict Court of Appeal of Florida · 2012
- Erdman v. BlochDistrict Court of Appeal of Florida · 2011
- Portofino Professional Center v. Prime HomesDistrict Court of Appeal of Florida · 2014
- U.S. Bank National Ass'n v. CowellDistrict Court of Appeal of Florida · 2012
- Myers v. Highway 46 Holdings, L.L.C.District Court of Appeal of Florida · 2011
2 more not listed; retrieve them via the Exa API.