JUSTO MAQUEIRA, INDIVIDUALLY, AND OSVALDO SANTIAGO, INDIVIDUALLY AND D/B/A QUEEN SANDAL, APPELLANTS,
v.
JACK ALMAS, APPELLEE
JUSTO MAQUEIRA, INDIVIDUALLY, AND OSVALDO SANTIAGO, INDIVIDUALLY AND D/B/A QUEEN SANDAL, APPELLANTS,
JACK ALMAS, APPELLEE
409 So. 2d 199
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Reversed. Striking of pleadings and entry of default judgment and final judgment is too severe a sanction for failure to file a pre-trial catalogue in a non-jury trial where there is no further showing that failure by a Key West attorney to comply with the standard pre-trial order was willful or with flagrant disregard for court’s authority. See, e.g., Catogas v. Sapp, 397 So. 2d 1182 (Fla. 3d DCA 1981); Beaver Crane Service, Inc., v. National Surety Corp., 373 So. 2d 88 (Fla. 3d DCA 1979); cf. Watson v. Peskoe, 407 So. 2d 954, (Fla. 3d DCA 1981).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Summit Chase Condo. Ass'n, Inc. v. Protean Invs., Inc., 421 So. 2d 562 (Fla. 3d DCA 1982)…. E.g., Robinson v. Allstate Ins. Co., 417 So. 2d 778 (Fla. 3d DCA 1982); Herrell v. Allis-Chalmers Corp., 411 So. 2d 306 (Fla. 3d DCA 1982); Techno Industrial Corp. v. Cooper Industries, Inc., 410 So. 2d 584 (Fla. 3d DCA 1982); Maqueira v. Almas, 409 So. 2d 199 (Fla. 3d DCA 1982); Santuoso v. McGrath & Associates, Inc., 385 So. 2d 112 (Fla. 3d DCA 1980); Zayres Department Stores v. Fingerhut, 383 So. 2d 262 (Fla. 3d DCA 1980); Beaver Crane Service, Inc. v. National Surety Corp., 373 So. 2d 88 (Fla. 3d DCA…
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Techno Indus. Corp. v. Cooper Indus., Inc., 410 So. 2d 584 (Fla. 3d DCA 1982)…otion to dismiss eleven days, rather than an answer ten days subsequent to an agreed order which so required.1 This was much too harsh a sanction for the minor dereliction involved and thus constituted a plain abuse of discretion. Maqueira v. Almas, 409 So. 2d 199 (Fla. 3d DC A 1982); Beaver Crane Service, Inc. v. National Surety Corp., 373 So. 2d 88 (Fla. 3d DCA 1979). Accordingly, the judgment under review is Reversed. . An answer was in fact filed, after the default had been entered, twelve days after…
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Herrell v. Allis-Chalmers Corp., 411 So. 2d 306 (Fla. 3d DCA 1982)…PER CURIAM. The sua sponte dismissal of the cause without prejudice because both parties failed timely to file a pre-trial catalogue was an abuse of discretion and is reversed. Maqueira v. Almas, 409 So. 2d 199 (Fla. 3d DCA 1982); see also, Techno Industrial Corp. v. Cooper Industries, Inc., 410 So. 2d 584 (Fla. 3d DCA Case no. 81-278, opinion filed, February 23, 1982).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Watson v. Peskoe, 407 So. 2d 954 (Fla. 3d DCA 1981)
- Cummings v. S.C. Ins. Co., 373 So. 2d 88 (Fla. 3d DCA 1979)
- Cedars OF Lebanon Hosp. Corp. v. SUN Bank OF Riverside, 397 So. 2d 1182 (Fla. 3d DCA 1981)