Celebrity Cruises, Inc. v. Fernandes

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that a court cannot impose 3 sanctions without first providing notice of its intent to do so and the opportunity to be heard
• holding reversal required where party lacked an opportunity to present evidence on the issue before sanctions imposed
• explaining that, although appellant’s failure to provide transcript generally dictates affirmance, appellate court may review lower court’s judgment for error apparent on its face notwithstanding, absence of .transcript
• noting that “striking a party’s pleadings and entry of a default ... is the most severe of all sanctions which should be employed only in extreme circumstances”
• reversing, in part, because party lacked an opportunity to present evidence on the issue before sanctions were imposed
• reversing sanctions where there “was no hint that any sanctions were contemplated or were to be imposed”

Source: CourtListener parenthetical corpus (CC0).