Legal Opinion

Anderson v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

District Court of Appeal of Florida

Decided July 8, 1983No. AQ-59PublishedCited by 2 opinions

1Opinion of the Court

SHIVERS, Judge.

This is an interlocutory appeal from an order striking appellants’ answer and counterclaim as sanctions for failing to comply with orders of the trial court compelling discovery.

The striking of pleadings or the entering of a default judgment for noncompliance with an order compelling discovery is the most severe of all sanctions and should be employed only in extreme circumstances such as where a party acts in deliberate and contumacious disregard of the court’s authority or gross indifference to an order of court. Watson v. Peskoe, 407 So.2d 954 (Fla. 3d DCA 1981); Swindle v.…

2Cases cited3 opinions

  1. Swindle v. ReidDistrict Court of Appeal of Florida · 1970
  2. Watson v. PeskoeDistrict Court of Appeal of Florida · 1981
  3. Santuoso v. McGrath & Associates, Inc.District Court of Appeal of Florida · 1980

3Cited by2 opinions

  1. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. AndersonDistrict Court of Appeal of Florida · 1986
  2. McNamara v. Bradley Realty, Inc.District Court of Appeal of Florida · 1987

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