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· 11/15/1990

Commonwealth Fed. Sav. & Loan Ass'n v. Tubero

Citations

  • 569 So. 2d 1271
  • 15 Fla. L. Weekly Supp. 595
  • 1990 Fla. LEXIS 1615
  • 1990 WL 179075

How courts have described this case

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

  • holding that a trial judge must make a specific finding of willfulness before imposing the sanction of dismissal or default
  • holding that it is within the trial judge's discretion to order dismissal or default as a sanction for failing to comply with discovery requirements, but the order should contain an explicit finding of willful noncompliance
  • holding that a trial court must make an express written finding that a party willfully or deliberately refused to obey a court order before the sanctions of dismissal or default may be imposed against the party under rule 1.380
  • reaffirming that a trial judge has the “discretion to order dismissal or default for failure to comply with discovery requirements”
  • reaffirming that a trial judge has the “discretion to order dismissal or default for failure to comply with discovery requirements”
  • reiterating that when courts impose a sanction of dismissal or default, judges must make \specific findings of fact in support of their rulings\

Source: CourtListener parenthetical corpus (CC0).

Judges: Grimes

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.