Sun-Crete of Florida, Inc. v. Sun Deck Products, Inc.

District Court of Appeal of Florida

Sun-Crete of Florida, Inc. v. Sun Deck Products, Inc.

472 So. 2d 520, 10 Fla. L. Weekly 1534, 1985 Fla. App. LEXIS 14918

District Court of Appeal of Florida·Decided June 19, 1985·No. No. 84-1224·Published·Cited by 1 cases

Opinions

PER CURIAM.

We affirm in all respects but find the evidence which was before the trial court to be too speculative to support the compensatory fine of $330,000 for contempt. Accordingly, we reverse and remand with direction for rehearing solely. upon the question of the amount of the compensatory fine. The parties may, of eourse, engage in further prehearing discovery.

It is not our intent to place appellees in a Catch 22 position by requiring them to meet their burden against recalcitrant parties which, or who, refuse to produce or disclose discoverable information. We feel comfortable that the Florida Rules of Civil Procedure provide adequate sanctions to handle any further problems that may arise in this area.

DOWNEY and GLICKSTEIN, JJ., concur. LETTS, J., dissents in part.

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PER CURIAM.

We affirm in all respects but find the evidence which was before the trial court to be too speculative to support the compensatory fine of $330,000 for contempt. Accordingly, we reverse and remand with direction for rehearing solely. upon the question of the amount of the compensatory fine. The parties may, of eourse, engage in further prehearing discovery.

It is not our intent to place appellees in a Catch 22 position by requiring them to meet their burden against recalcitrant parties which, or who, refuse to produce or disclose discoverable information. We feel comfortable that the Florida Rules of Civil Procedure provide adequate sanctions to handle any further problems that may arise in this area.

DOWNEY and GLICKSTEIN, JJ., concur. LETTS, J., dissents in part.

Sun-Crete of Florida, Inc. v. Sun Deck Products, Inc., 472 So. 2d 520, 10 Fla. L. Weekly 1534, 1985 Fla. App. LEXIS 14918 (Fla. Ct. App. 1985).

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472 So. 2d 520 (Sun-Crete of Florida, Inc. v. Sun Deck Products, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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