Supreme Court of Florida· 7/28/1983
Mercer v. Raine
Citations
- 443 So. 2d 944
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 deliberate and contumacious disregard of the court’s authority will justify the striking of pleadings or entering a default for noncompliance with an order compelling discovery
- holding that striking pleadings is appropriate when the sanctioned party showed a “deliberate and contumacious disregard of the court’s authority” or acted in “bad faith, [or] willful disregard or gross indifference to an order of the court[]”
- explaining that only a “deliberate and contumacious disregard of the court’s authority will justify [the striking of pleadings], as will bad faith, willful disregard or gross indifference to an order of the court, or conduct which evinces deliberate callousness”
- predating Kozel, but standing for proposition that litigant's conduct can support extreme sanctions
- affirming order granting sanctions for violations of discovery rules, where defendant knew what was going on, totally disregarded the consequences, and neither attempted to comply with discovery order nor communicated any explanation or excuse by date of motion hearing
- \Mere neglect or inadvertence in complying even with court orders essential to a fair hearing is rarely enough to justify dismissal.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Adkins
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