JOHN M. PECK, APPELLANT,
v.
DELTA FIRE SPRINKLER, INC., APPELLEE

Fla. 5th DCA | 1996-06-28
No. 95-2862
W. SHARP, GRIFFIN and THOMPSON, JJ., concur.
675 So. 2d 711 Florida District Court of Appeal, Fifth District (1996) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The appealed order striking appellant’s answer for his “continuous and wilful failure to abide by the prior orders” of the lower court is affirmed. We can find no error in the appealed order. The language of the order is sufficient to meet the requirements of Commonwealth Federal Savings & Loan Association v. Tubero, 569 So. 2d 1271 (Fla. 1990). The “continuous willfulness” finding is supported by the record, and in the absence of a transcript of the hearing on appel-lee’s motion to strike appellant’s answer and for entry of a default judgment, we are unable to conclude the court’s action in striking appellant’s answer for failing to provide discovery and abide by the court’s orders was erroneous.

AFFIRMED.

W. SHARP, GRIFFIN and THOMPSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Ganceres v. Ganceres, 703 So. 2d 1220 (Fla. 5th DCA 1998)
    …lf of her contempt. We cannot know the facts upon which the trial judge based his decision because appellant has not brought us a transcript of the testimony, if such exists. We have no option but to affirm. See Peck v. Delta Fire Sprinkler, Inc., 675 So. 2d 711 (Fla. 5th DCA 1996); Haddad v. Cura, 674 So. 2d 168 (Fla. 3d DCA 1996); Sullivan v. Sullivan, 668 So. 2d 329 (Fla. 4th DCA 1996). See also Bartolotta v. Bartolotta, 687 So. 2d 1385 (Fla. 4th DCA 1997). AFFIRMED. HARRIS and ANTOON, JJ., concur.…
  • Bailey v. State, 693 So. 2d 142 (Fla. 5th DCA 1997)
    …ction and sentence but strike the imposition of a public defender’s fee because notice was not given to the defendant of his right to challenge the amount of the fee as required by Florida Rule of Criminal Procedure 3.720(d)(1). See L.A.N. v. State, 675 So. 2d 711 (Fla. 5th DCA 1996); Fontenont v. State, 631 So. 2d 379 (Fla. 5th DCA 1994). However, on remand, the fee may be reimposed after compliance with the rule. [*143] JUDGMENT AND SENTENCE AFFIRMED; PUBLIC DEFENDER’S FEE STRICKEN; CAUSE REMANDED. PETERS…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw