Gersten v. Canvassing Board of Dade County

District Court of Appeal of Florida

Gersten v. Canvassing Board of Dade County

775 So. 2d 306, 1995 Fla. App. LEXIS 98, 1995 WL 7656

CourtDistrict Court of Appeal of Florida

DecidedJanuary 11, 1995

DocketNo. 94-0335

StatusPublished

Cited by1 cases

This text of 775 So. 2d 306 (Gersten v. Canvassing Board of Dade County) 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.

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Gersten v. Canvassing Board of Dade County, 775 So. 2d 306, 1995 Fla. App. LEXIS 98, 1995 WL 7656 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Joe Gersten appeals the dismissal with prejudice of his civil action, which challenges the outcome of an election for a Dade County Commission seat won by appellee Bruce Kaplan. The dismissal was imposed as a sanction for appellant’s failure to answer interrogatories, even after a 45-day period of extension sought by appellant, a subsequent order requiring the answers to be filed “forthwith,” and a motion to impose sanctions for failure to comply. The trial court found appellant’s failure to answer the interrogatories to be willful. We affirm on authority of Commonwealth Federal Savings and Loan v. Tubero, 569 So.2d 1271 (Fla.1990), and Mercer v. Raine, 443 So.2d 944 (Fla.1983).

POLEN, MARK E., FARMER, GARY M. and PARIENTE, BARBARA J., Associate Judges, concur.

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PER CURIAM.

Joe Gersten appeals the dismissal with prejudice of his civil action, which challenges the outcome of an election for a Dade County Commission seat won by appellee Bruce Kaplan. The dismissal was imposed as a sanction for appellant’s failure to answer interrogatories, even after a 45-day period of extension sought by appellant, a subsequent order requiring the answers to be filed “forthwith,” and a motion to impose sanctions for failure to comply. The trial court found appellant’s failure to answer the interrogatories to be willful. We affirm on authority of Commonwealth Federal Savings and Loan v. Tubero, 569 So.2d 1271 (Fla.1990), and Mercer v. Raine, 443 So.2d 944 (Fla.1983).

POLEN, MARK E., FARMER, GARY M. and PARIENTE, BARBARA J., Associate Judges, concur.

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775 So. 2d 306, 1995 Fla. App. LEXIS 98, 1995 WL 7656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gersten-v-canvassing-board-of-dade-county-fladistctapp-1995.

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