Garcia v. Colon

Florida Circuit Courts

Garcia v. Colon

4 Fla. Supp. 2d 105

CourtCircuit Court for the Judicial Circuits of Florida

DecidedMarch 5, 1981

DocketCase No. 81-218-AP

StatusPublished

This text of 4 Fla. Supp. 2d 105 (Garcia v. Colon) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garcia v. Colon, 4 Fla. Supp. 2d 105 (Fla. Super. Ct. 1981).

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Opinion

PER CURIAM

The striking of pleadings and entry of a default judgment for late filing of a pre-trial catalogue and for late filing of answers to interrogatories (no order on motion to compel had been entered) constitutes an abuse of discretion. The Third District has recently held:

“Striking of pleadings and entry of a default judgment and final judgment is too severe a sanction for failure to file a pre-trial catalogue in a non-jury trial where there is no further showing that failure by a Key West attorney to comply with the standard pre-trial order was willful of with flagrant disregard for the court’s authority. ...” Maqueira v. Santiago, So.2d (Fla. 3rd DCA 1981) (Case No. 81-648, opinion filed February 2, 1982 [7 FLW 356] (emphasis added).

[106]*106Obviously, no filing at all is infinitely worse then filing untimely. Here, as in Maqueta, there is no showing of willfulness or flagrant disregard for the court’s authority.

Reversed.

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PER CURIAM

The striking of pleadings and entry of a default judgment for late filing of a pre-trial catalogue and for late filing of answers to interrogatories (no order on motion to compel had been entered) constitutes an abuse of discretion. The Third District has recently held:

“Striking of pleadings and entry of a default judgment and final judgment is too severe a sanction for failure to file a pre-trial catalogue in a non-jury trial where there is no further showing that failure by a Key West attorney to comply with the standard pre-trial order was willful of with flagrant disregard for the court’s authority. ...” Maqueira v. Santiago, So.2d (Fla. 3rd DCA 1981) (Case No. 81-648, opinion filed February 2, 1982 [7 FLW 356] (emphasis added).

[106]*106Obviously, no filing at all is infinitely worse then filing untimely. Here, as in Maqueta, there is no showing of willfulness or flagrant disregard for the court’s authority.

Reversed.

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Bluebook (online)

4 Fla. Supp. 2d 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-colon-flacirct-1981.