Legal Opinion

Menke v. Wendell

District Court of Appeal of Florida

Decided November 6, 2015No. 2D15-2144PublishedCited by 8 opinions

1Per curiam

Frank Menke, III, petitions this court for a writ of'certiorari seéking to quash an order of the trial court finding him in contempt for a discovery violation, sanctioning him $20,000, and ordering that his pleadings be stricken should he fail to pay the fine within thirty days. For the reasons discussed below, we conclude that the order departs from the essential requirements of law. Accordingly, we grant the petition and quash the order for sanctions and contempt.

I. THE FACTS

Mr. Menke is the defendant in' a lawsuit brought by Gary Wendell and Donna Wendell, who invested in Mr. Menke’s heal…

2Cases cited11 opinions

  1. Parisi v. Broward CountySupreme Court of Florida · 2000
  2. Lawrence v. LawrenceDistrict Court of Appeal of Florida · 1980
  3. Hurley v. WerlyDistrict Court of Appeal of Florida · 1967
  4. Knorr v. KnorrDistrict Court of Appeal of Florida · 1999
  5. Allstate Ins. Co. v. BiddyDistrict Court of Appeal of Florida · 1980

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3Cited by8 opinions

  1. 100 EMERALD BEACH WAY, LC v. JOHN THORNTONDistrict Court of Appeal of Florida · 2022
  2. Davis v. Hillsborough CountyDistrict Court of Appeal of Florida · 2026
  3. Dep't of Health v. Rehab. Ctr. at Hollywood Hills, LLCDistrict Court of Appeal of Florida · 2018
  4. EMMANUEL O. DECIUS v. DENISE S. DECIUSDistrict Court of Appeal of Florida · 2023
  5. GARY J. GANIBAN, M.D., MICHAEL N. MANDESE, M.D., JASON K. DARLINGTON, M.D., ERIC STRAUT, O.D., AND HETAL VAISHNAV, M.D. vs JAMES N. MCMANUS, M.D., INDIVIDUALLY, AND ON BEHALF OF SOUTHWOODS INVESTMENT, LLC, 1995 NASA GROUP, LLC, AND FLORIDA EYE CONSULTANTS, INC.District Court of Appeal of Florida · 2023

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