TAREK WADJI INVESTMENTS, N.V., APPELLANT,
v.
ALFRED CIFFO AND WILLIAM B. STERN, APPELLEE
TAREK WADJI INVESTMENTS, N.V., APPELLANT,
ALFRED CIFFO AND WILLIAM B. STERN, APPELLEE
505 So. 2d 697
Florida District Court of Appeal, Fourth District (1987)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Under the facts and uncontroverted mitigating circumstances of this case which reflect that there was no wilful disregard of the court’s order, it was an abuse of the court's discretion for it to enter final judgment against Tarek Wadji Investments, N.V. because of its failure to timely retain new counsel. We reverse and remand upon authority of Mercer v. Raine, 410 So. 2d 931 (Fla. 4th DCA 1981), affirmed, 443 So. 2d 944 (Fla.1983); Walraff v. T.G.I. Friday’s Inc., 490 So. 2d 50 (Fla.1986); and Flanzbaum v. Stans Lounge, 377 So. 2d 750 (Fla. 4th DCA 1979).
Reversed and remanded.
ANSTEAD, WALDEN and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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First Nat'l Ent. Corp. v. Brumlik, 531 So. 2d 403 (Fla. 5th DCA 1988)…e defendant maker can assert any personal defenses including the failure of the maker to receive everything that he was supposed to receive from the payee as consideration for execution and delivery of the note. See, e.g., Dube v. Puente De La Vega, 505 So. 2d 697 (Fla. 5th DCA 1987); Charron v. Coachmen Industries, Inc., 417 So. 2d 1145 [*405] (Fla. 5th DCA 1982); Newbern v. Pan Am Bank of Orlando, N.A., 368 So. 2d 425 (Fla. 4th DCA 1979); Brady v. Zimmerman, 246 So. 2d 637 (Fla. 4th DCA 1971). Likewise, th…
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Crawford v. Am. Household Storage Co. of Fla., Inc., 509 So. 2d 1358 (Fla. 4th DCA 1987)…. We need not consider the efficacy of this ground, since that is not the issue before us, but note that such severe sanctions are closely monitored on review. See Mercer v. Raine, 443 So. 2d 944 (Fla.1983); Tarek Wadji Investments, N.V. v. Ciffo, 505 So. 2d 697 (Fla. 4th DCA 1987).…
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Myrick v. Smith, 522 So. 2d 885 (Fla. 2d DCA 1988)…ailure of consideration. However, without deciding whether the Smiths were or were not holders in due course, we note that failure of consideration for a promissory note is an affirmative defense which must be pleaded. See Dube v. Puente de la Vega, 505 So. 2d 697, 698 (Fla. 5th DCA 1987); Holm v. Woodworth, 271 So. 2d 167, 170 (Fla. 4th DCA 1972); Fla.R.Civ.P. 1.110(d). Myrick did not raise the defense of failure of consideration in any pleading filed in the trial court. The only defense raised by Myrick bel…
Authorities Cited
- Mercer v. J.D. Raine, Sr., 443 So. 2d 944 (Fla. 1983)
- Wallraff v. T.G.I. Friday's, Inc., 490 So. 2d 50 (Fla. 1986)
- Mercer v. Raine, 410 So. 2d 931 (Fla. 4th DCA 1981)
- Richard Flanzbaum et ux. v. Stans Lounge, 377 So. 2d 750 (Fla. 4th DCA 1979)