· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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