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540 So. 2d 242

540 So.2d 242

14 Fla.L.Weekly 788

Coppola v. McNab

District Court of Appeal of Florida · decided 1989-03-29

Cited by 2 later decisions — most recently January 1996

2 state decisions

Relies on 61 So. 2d 179 - Beasley v. Girten

Good law ✅— No negative treatment on recordhow we know

Decided 1989-03-29

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GUNTHER, Judge.

¶1We reverse. Donald Coppola’s counsel failed to meet with opposing counsel to draw a pre-trial statement as ordered by the trial court. As a result, the trial court sanctioned Coppola by striking his pleadings and entering a default against him. In our view, the sanction imposed, in light of the facts of this case, was too harsh a penalty for a first infraction. See Beasley v. Girten, 61 So.2d 179 (Fla.1952).

¶2Within one day of learning he had been sanctioned, Coppola hired a new lawyer and immediately filed a sworn motion for reconsideration which was uncontroverted by the plaintiff. Under oath, Coppola’s new attorney offered to fully comply with all pre-trial procedures, and to try the case as scheduled or continue the matter if the plaintiff preferred. The only possible prejudice to plaintiff indicated by the record was a short delay in trying the eight-month-old case. Furthermore, there is no evidence that what Coppola did or did not do was in willful disobedience of a court order.

¶3Therefore, we conclude that the trial judge abused his discretion in sanctioning Coppola by striking his pleadings and entering a default against him. Accordingly, the judgment is reversed and the cause remanded for further proceedings.

¶4REVERSED AND REMANDED.

ANSTEAD and WARNER, JJ., concur.
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