Legal Opinion

BLL Properties, Inc. v. TRS Juniors, Inc.

District Court of Appeal of Florida

Decided September 18, 1996No. 95-3024PublishedCited by 2 opinions

1Per curiam

BLL Properties, Inc. appeals a summary final judgment of foreclosure in favor of WWA Investments, Inc..

*366The default contained in the April 13,1995 “Order on Plaintiffs Motion for Sanctions” was improperly entered. There was no express written finding of BLL’s willful or deliberate refusal to obey a court order. Commonwealth Federal Savings & Loan Assoc. v. Tubero, 569 So.2d 1271 (Fla.1990); Wright v. Allen, 611 So.2d 23 (Fla. 1st DCA 1992). Since an attorney had properly filed all of BLL’s pleadings, a default was not required within the time frames present in this case. See Richter v. Higdon…

2Cases cited5 opinions

  1. Commonwealth Fed. Sav. & Loan Ass'n v. TuberoSupreme Court of Florida · 1990
  2. Szteinbaum v. Kaes Inversiones Y ValoresDistrict Court of Appeal of Florida · 1985
  3. Carillon Corp. v. DevickDistrict Court of Appeal of Florida · 1989
  4. Wright v. AllenDistrict Court of Appeal of Florida · 1992
  5. Richter v. Higdon Homes, Inc.District Court of Appeal of Florida · 1989

3Cited by2 opinions

  1. Harper-Elder v. ElderDistrict Court of Appeal of Florida · 1997
  2. Rice v. RaymondDistrict Court of Appeal of Florida · 2009

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