Peck v. Delta Fire Sprinkler, Inc.

District Court of Appeal of Florida

Peck v. Delta Fire Sprinkler, Inc.

675 So. 2d 711, 1996 Fla. App. LEXIS 6854, 1996 WL 354604

CourtDistrict Court of Appeal of Florida

DecidedJune 28, 1996

DocketNo. 95-2862

StatusPublished

Cited by1 cases

This text of 675 So. 2d 711 (Peck v. Delta Fire Sprinkler, Inc.) 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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Peck v. Delta Fire Sprinkler, Inc., 675 So. 2d 711, 1996 Fla. App. LEXIS 6854, 1996 WL 354604 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

The appealed order striking appellant’s answer for his “continuous and wilful failure to abide by the prior orders” of the lower court is affirmed. We can find no error in the appealed order. The language of the order is sufficient to meet the requirements of Commonwealth Federal Savings & Loan Association v. Tubero, 569 So.2d 1271 (Fla. 1990). The “continuous willfulness” finding is supported by the record, and in the absence of a transcript of the hearing on appel-lee’s motion to strike appellant’s answer and for entry of a default judgment, we are unable to conclude the court’s action in striking appellant’s answer for failing to provide discovery and abide by the court’s orders was erroneous.

AFFIRMED.

W. SHARP, GRIFFIN and THOMPSON, JJ., concur.

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PER CURIAM.

The appealed order striking appellant’s answer for his “continuous and wilful failure to abide by the prior orders” of the lower court is affirmed. We can find no error in the appealed order. The language of the order is sufficient to meet the requirements of Commonwealth Federal Savings & Loan Association v. Tubero, 569 So.2d 1271 (Fla. 1990). The “continuous willfulness” finding is supported by the record, and in the absence of a transcript of the hearing on appel-lee’s motion to strike appellant’s answer and for entry of a default judgment, we are unable to conclude the court’s action in striking appellant’s answer for failing to provide discovery and abide by the court’s orders was erroneous.

AFFIRMED.

W. SHARP, GRIFFIN and THOMPSON, JJ., concur.

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675 So. 2d 711, 1996 Fla. App. LEXIS 6854, 1996 WL 354604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peck-v-delta-fire-sprinkler-inc-fladistctapp-1996.

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