ATKIN
v.
KANE
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While a trial court may impose sanctions for inaccurate or deceptive pleadings and interrogatory answers, the striking of all pleadings resulting in final judgment is an impermissibly severe sanction when not commensurate with the underlying misconduct.
[1] A trial court's order determining entitlement to attorney's fees but deferring the amount is a nonfinal, nonappealable order.
[2] Striking a defendant's pleadings and entering a final judgment against them is the severest of sanctions and may be too severe when not commensurate with the defendant's…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“imposition of this severest of sanctions—foreclosing any further defense of the action and the resulting entry of final judgment— was simply too severe under the circumstances presented and was not commensurate with the conduct and actions at bar”
The court explaining why striking pleadings and entering final judgment exceeded appropriate sanction authority.
Benjamin Atkin, the defendant, filed an answer and interrogatory responses that the trial court found to be inaccurate or deceptive. The trial court s…
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PER CURIAM.
Benjamin Atkin, defendant below, appeals from the trial court’s order striking his answer and affirmative defenses to the complaint, and the resulting final judgment entered in favor of Murray Kane, plaintiff below.1
We affirm that portion of the trial court’s order which concluded that the actions and conduct of Atkin, including his answer to the complaint and answers to interrogatories, “at best were inaccurate and, at worst . . . are deceptive.” We also affirm the trial court’s order insofar as it determined that Atkin’s conduct and actions justified the imposition of sanctions.
However, we reverse that portion of the trial court’s order striking Atkin’s pleadings, leading to entry of a final judgment against him. We hold that imposition of this severest of sanctions—foreclosing any further defense of the action and the resulting entry of final judgment— was simply too severe under the circumstances presented and was not commensurate with the conduct and actions at bar. See, e.g., Prater v. Comprehensive Health Ctr., LLC, 185 So. 3d 559, 560 (Fla. 3d DCA 2016).
We therefore vacate the final judgment, reverse in part the order striking
Atkin’s pleadings, and remand to the trial court for consideration of commensurate sanctions and for further proceedings consistent with this opinion.
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- Gonzalez Eng'g, Inc. v. Miami Pump & Supply Co., Inc., 641 So. 2d 474 (Fla. 3d DCA 1994)
- Filmore Chaiken and Robert T. Tenen v. Suchman, 694 So. 2d 115 (Fla. 3d DCA 1997)
- Reid v. In re Est. OF Edgar Sonder, 63 So. 3d 7 (Fla. 3d DCA 2011)
- Tower Hill Prime Ins. Co. v. Torralbas, 176 So. 3d 374 (Fla. 3d DCA 2015)
- Prater v. Comprehensive Health Ctr., LLC, 185 So. 3d 559 (Fla. 3d DCA 2016)