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· 12/23/2004

Ham v. Dunmire

Citations

  • 891 So. 2d 492
  • 2004 WL 2973857

How courts have described this case

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

  • confirming that Kozel addresses “whether •a dismissal with prejudice is a warranted response to an attorney’s behavior”
  • holding that dismissal as a sanction for a discovery violation is “an abuse of discretion where the trial court fails to make express written findings of fact supporting the conclusion that the failure to obey the court order demonstrated willful or deliberate disregard”
  • stating that “[t]his court has refused to approve of the dismissal of a cause of action as a sanction for discovery violations when the appellee had not shown prejudice”
  • stating there is no 2 requirement that a trial court must conduct an evidentiary hearing prior to dismissing a case
  • requiring express findings “to the extent the record is susceptible to more than one interpretation”
  • requiring “willful or deliberate disregard” of court order to warrant dismissal

Source: CourtListener parenthetical corpus (CC0).

Judges: Lewis

Read full opinion on CourtListener

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.