Rodriguez v. Kalish
This text of 766 So. 2d 411 (Rodriguez v. Kalish) 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.
Opinion
Defendant, Eduardo Rodriguez, appeals from an order of default judgment entered against him for failing to attend a court ordered mediation. We reverse.
When a default judgment is entered against a party for failure to obey a court order, the order of default must contain specific findings of the noncomplying party’s -willful or deliberate refusal to obey the court order. See Commonwealth Federal Savings and Loan Assoc. v. Tubero, 569 So.2d 1271 (Fla.1990). Because the order under review does not contain such findings, we reverse and remand with instructions to the lower court to make specific findings. If the trial court does not determine that there was a willful or deliberate refusal to obey the court order, the trial court shall reinstate the case.
Reversed and remanded with instructions.
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Cite This Page — Counsel Stack
766 So. 2d 411, 2000 Fla. App. LEXIS 10357, 2000 WL 1154009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-kalish-fladistctapp-2000.