CONTINENTAL MOTORS, INC.
v.
CARLY JOHNSON, ETC.
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A fine for failure to comply with a discovery order must be predicated upon a finding of contempt, and cannot be imposed when the court finds the non-compliance was not willful, deliberate, and contumacious.
[1] A fine imposed as a sanction for failure to comply with a discovery order must be predicated upon a finding of contempt, requiring proof that the non-compliance was willf…
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Join FLexlaw to unlock all legal intelligence“The assessment of a fine for failure to comply with an order compelling discovery 'must be predicated upon a finding of contempt.'”
Court's statement of the governing legal standard for imposing discovery sanctions
Continental Motors appealed a sanctions order from the Circuit Court for Miami-Dade County imposing a fine for failure to comply with a discovery orde…
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Podhurst Orseck, P.A., and Joel D. Eaton, Ricardo M. Martinez-Cid and Lea P. Bucciero, for appellee. Before LOGUE, LINDSEY and LOBREE, JJ. PER CURIAM.
The assessment of a fine for failure to comply with an order compelling discovery “must be predicated upon a finding of contempt.” Channel Components, Inc. v. Am. II Elecs., Inc., 915 So. 2d 1278, 1283 (Fla. 2d DCA 2005). Because the sanctions order in this case explicitly finds that the attorneys’ failure to comply “was not willful, deliberate and contumacious,” we reverse the portion of the order imposing the fine. As to all other issues on appeal, we affirm without further discussion. Affirmed, in part, and reversed, in part.
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Citator
Authorities Cited
- Channel Components, Inc. v. Am. II Elecs., Inc., 915 So. 2d 1278 (Fla. 2d DCA 2005)