BONITA KUHN, AS NATURAL GUARDIAN OF KEITH ANDERSON, APPELLANT,
v.
GROVER E. HARLESS AND TRAVELERS INSURANCE COMPANY, APPELLEES

Fla. 4th DCA | 1980-11-12
No. 77-1995
ANSTEAD, J., and JAMES C. DAUKSCH, Jr., Associate Judge, concur.
390 So. 2d 723 Florida District Court of Appeal, Fourth District (1980) Positive Treatment
Cited by 2 cases
Opinion of the Court
MOORE, Judge.

MOORE, Judge.

Upon consideration of the appellees’ petition for rehearing and appellant’s response, we find the question presented by this appeal one of great public importance. Accordingly, we adhere to our original opinion, 390 So. 2d 721, and certify the following question to the Supreme Court as one of great public importance:

DOES THE ENTRY OF A DEFAULT AGAINST A DEFENDANT FOR VIOLATION OF DISCOVERY ORDERS IN A NEGLIGENCE ACTION PRECLUDE THAT DEFENDANT FROM REDUCING THE AMOUNT OF HIS LIABILITY BY PROOF OF THE PLAINTIFF’S COMPARATIVE NEGLIGENCE?

ANSTEAD, J., and JAMES C. DAUKSCH, Jr., Associate Judge, concur.

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  • Grover E. Harless v. Bonita Kuhn, 403 So. 2d 423 (Fla. 1981)
    …t of the trial court. It is so ordered. BOYD, OVERTON and ALDERMAN, JJ., concur. ENGLAND, J., dissents with an opinion with which SUNDBERG, C. J., and ADKINS, J., concur. . Kuhn v. Harless, 390 So. 2d 721 (Fla. 4th DCA 1980). . Kuhn v. Harless, 390 So. 2d 723, 723-24 (Fla. 4th DCA 1980). . Travelers and Harless had a coverage dispute but this is not germane to this case. .The policy issues between Travelers and Harless had been resolved by this time by a summary judgment against Travelers. The policy c…

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