464 So. 2d 1338 - Austin v. Papol

How this case has been cited

Cited by 4 later decisions — most recently December 2001

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *1339 Kevin F. Jursinski and Michael C. Tice, Fort Myers, for appellant.

¶2Louis F. Sisson, III, of Blackwell, Walker, Gray, Powers, Flick & Hoehl, Fort Myers, for appellee.

¶3PER CURIAM.

¶4We reverse the final judgment dismissing Austin's complaint with prejudice and entering a default judgment against him on Papol's counterclaim. The trial court erred in imposing such extreme sanctions without first affording Austin the opportunity to be heard on the question of whether his failure to appear at the scheduled depositions was willful or in bad faith. Lazare v. Weiss,437 So.2d 211 (Fla. 3d DCA 1983); Kuechenberg v. Creative Interiors, Inc.,424 So.2d 145 (Fla. 4th DCA 1982); Sunstream Jet Center, Inc. v. Lisa Leasing Corp.,423 So.2d 1005 (Fla. 4th DCA 1982); Owens-Illinois v. Lewis,260 So.2d 221 (Fla. 1st DCA 1972).

¶5Accordingly, we reverse and remand the case for an evidentiary hearing after notice to Austin.

¶6GRIMES, A.C.J., DANAHY, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.