Franchi v. Shapiro

District Court of Appeal of Florida

Franchi v. Shapiro

694 So. 2d 164, 1997 Fla. App. LEXIS 6138, 1997 WL 295630

CourtDistrict Court of Appeal of Florida

DecidedJune 4, 1997

DocketNo. 96-1635

StatusPublished

This text of 694 So. 2d 164 (Franchi v. Shapiro) 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

Franchi v. Shapiro, 694 So. 2d 164, 1997 Fla. App. LEXIS 6138, 1997 WL 295630 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

Pursuant to our mandate in Franchi v. Shapiro, 650 So.2d 161 (Fla. 3d DCA 1995),¹ a successor judge held an evidentiary hearing at which defendant-appellant Domenic Franchi was given an opportunity to explain his actions. Ultimately, the lower court entered the order appealed which, once again, struck Franchi’s pleadings and entered a default against him.

We reverse, as the record does not support the trial court’s conclusion that Franchi wil-fully and deliberately deceived the court into believing he was too ill to testify or travel to Dade County. See, e.g., K & K World Enter., Inc. v. Union Spol, S.R.O., 692 So.2d 1000 (Fla. 3d DCA 1997).

Reversed and remanded for further proceedings.

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

PER CURIAM.

Pursuant to our mandate in Franchi v. Shapiro, 650 So.2d 161 (Fla. 3d DCA 1995),¹ a successor judge held an evidentiary hearing at which defendant-appellant Domenic Franchi was given an opportunity to explain his actions. Ultimately, the lower court entered the order appealed which, once again, struck Franchi’s pleadings and entered a default against him.

We reverse, as the record does not support the trial court’s conclusion that Franchi wil-fully and deliberately deceived the court into believing he was too ill to testify or travel to Dade County. See, e.g., K & K World Enter., Inc. v. Union Spol, S.R.O., 692 So.2d 1000 (Fla. 3d DCA 1997).

Reversed and remanded for further proceedings.

Cite This Page — Counsel Stack

Bluebook (online)

694 So. 2d 164, 1997 Fla. App. LEXIS 6138, 1997 WL 295630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franchi-v-shapiro-fladistctapp-1997.

Opinion

Related

Cite This Page — Counsel Stack