FRANCOIS LAZARE, APPELLANT,
v.
JACK J. WEISS AND CAROLYN WEISS, APPELLEES

Fla. 3d DCA | 1983-09-13
No. 83-308
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.
437 So. 2d 211 Florida District Court of Appeal, Third District (1983)


Opinion of the Court
PER CURIAM.

PER CURIAM.

The extreme sanction of striking a defendant’s answer and entering a default against him, to be imposed only in instances of the most egregious and willful misconduct, see Luca v. Largo Diversified, Inc., 396 So. 2d 1228 (Fla. 2d DCA 1981); Zayres Department Stores v. Fingerhut, 383 So. 2d 262 (Fla. 3d DCA 1980); Owens-Illinois, Inc. v. Lewis, 260 So. 2d 221 (Fla. 1st DCA 1972), could not be imposed, as it was below, without first having afforded the defendant an opportunity to be heard on the issue of whether his failure to appear at his scheduled depositions was willful. See Kuechenberg v. Creative Interiors, Inc., 424 So. 2d 145 (Fla. 4th DCA 1982); Holm v. Sun Bank/Broward, N.A., 423 So. 2d 1007 (Fla. 4th DCA 1982); Owens-Illinois, Inc. v. Lewis, 260 So. 2d 221.

Accordingly, the judgment under review is reversed and the cause remanded for the purpose of conducting an evidentiary hearing on this issue after notice to Lazare. Should the trial court thereafter find that Lazare’s failure to submit to deposition was willful, it is authorized to reinstate its order striking the answer and entering default and reinstate the judgment entered.

Reversed and remanded with directions.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw