Dollar Wise Travel, Inc. v. Al-Farooque

District Court of Appeal of Florida

Dollar Wise Travel, Inc. v. Al-Farooque

731 So. 2d 848, 1999 Fla. App. LEXIS 6046, 1999 WL 294490

CourtDistrict Court of Appeal of Florida

DecidedMay 12, 1999

DocketNos. 98-3366, 98-2864

StatusPublished

Cited by2 cases

This text of 731 So. 2d 848 (Dollar Wise Travel, Inc. v. Al-Farooque) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dollar Wise Travel, Inc. v. Al-Farooque, 731 So. 2d 848, 1999 Fla. App. LEXIS 6046, 1999 WL 294490 (Fla. Ct. App. 1999).

Pincite

Opinion

SCHWARTZ, Chief Judge.

The defendants appeal from an adverse money judgment entered after the trial judge had stricken their pleadings because of alleged discovery violations. As to the individual defendant, that action was erroneous because he was not given appropriate notice. Hully v. Hully, 653 So.2d 1138 (Fla. 2d DCA 1995). More important, the record demonstrates that the violations (a) primarily concerned the appellants’ failure timely to produce material in support of their own case and thus could not have prejudiced their opponents (b) for by far the most part, had been corrected at the time of the hearing and (c) were not caused by the willful acts of the appellants, but were rather solely the fault of their then-counsel. In these circumstances, the severity of the sanction was a clear abuse of discretion. Commomoealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So.2d 1271 (Fla.1990), and cases cited; Clark v. Lake City Police Dep’t, 723 So.2d 901 (Fla. 1st DCA 1999), and cases cited; Sinatra v. Ikaros Aviation, Inc., 723 So.2d 358 (Fla. 3d DCA 1998). See generally Summit Chase Condominium Ass’n, Inc. v. Protean Investors, Inc., 421 So.2d 562 (Fla. 3d DCA [849]*8491982)(Schwartz, C.J., concurring in part and dissenting in part).

Accordingly, the judgment under review is reversed and the cause is remanded for appropriate disposition on the merits.

Reversed. ■

Free access — add to your briefcase to read the full text and ask questions with AI

SCHWARTZ, Chief Judge.

The defendants appeal from an adverse money judgment entered after the trial judge had stricken their pleadings because of alleged discovery violations. As to the individual defendant, that action was erroneous because he was not given appropriate notice. Hully v. Hully, 653 So.2d 1138 (Fla. 2d DCA 1995). More important, the record demonstrates that the violations (a) primarily concerned the appellants’ failure timely to produce material in support of their own case and thus could not have prejudiced their opponents (b) for by far the most part, had been corrected at the time of the hearing and (c) were not caused by the willful acts of the appellants, but were rather solely the fault of their then-counsel. In these circumstances, the severity of the sanction was a clear abuse of discretion. Commomoealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So.2d 1271 (Fla.1990), and cases cited; Clark v. Lake City Police Dep’t, 723 So.2d 901 (Fla. 1st DCA 1999), and cases cited; Sinatra v. Ikaros Aviation, Inc., 723 So.2d 358 (Fla. 3d DCA 1998). See generally Summit Chase Condominium Ass’n, Inc. v. Protean Investors, Inc., 421 So.2d 562 (Fla. 3d DCA [849]*8491982)(Schwartz, C.J., concurring in part and dissenting in part).

Accordingly, the judgment under review is reversed and the cause is remanded for appropriate disposition on the merits.

Reversed. ■

Cite This Page — Counsel Stack

Bluebook (online)

731 So. 2d 848, 1999 Fla. App. LEXIS 6046, 1999 WL 294490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dollar-wise-travel-inc-v-al-farooque-fladistctapp-1999.

Opinion

Related

Cite This Page — Counsel Stack