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Grapin Chaykin v. Turnoff Fox

District Court of Appeal of Florida, Third District
Jul 6, 1982
416 So. 2d 843 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1530.

July 6, 1982.

Appeal from the Circuit Court, Dade County, Joseph J. Gersten, J.

Kelly, Black, Black Earle and Hugo L. Black, Jr., Miami, for appellants.

Horton, Perse Ginsberg and Mallory Horton, Miami, for appellees.

Before BARKDULL, HENDRY and JORGENSON, JJ.


ON MOTION FOR REHEARING


The appellants have filed a motion for rehearing of our per curiam opinion filed on May 25, 1982. Appellants urge, inter alia, that our opinion affirming the order of the trial court which imposed discovery sanctions should be vacated on the ground that our holding is in conflict with this court's decision in Grapin Chaykin v. Turnoff Fox, 413 So.2d 133 (Fla. 3d DCA 1982), in which a different panel held:

The trial court order adjudging plaintiffs in contempt of court and ordering them to pay to the defendants the sum of $250 per day for each and every day they remained in violation of orders requiring them to make discovery, is void for the failure of the order to contain findings that the alleged contemnors had the present ability to comply with the underlying discovery orders. Garo v. Garo, 347 So.2d 418, 419 (Fla. 1977); Epstein v. Epstein, 345 So.2d 398 (Fla. 3d DCA 1977).

Reversed.

We recognize that our opinion of affirmance conflicts with the holding in Grapin Chaykin v. Turnoff Fox, supra, therefore, rehearing is granted and our opinion in this case is vacated. Upon rehearing we hold that the order of the trial court under review fails to find that the appellants have the present ability to comply, therefore it should be and is hereby reversed and the cause is remanded for further proceedings not inconsistent with the views expressed herein.

Reversed.


Summaries of

Grapin Chaykin v. Turnoff Fox

District Court of Appeal of Florida, Third District
Jul 6, 1982
416 So. 2d 843 (Fla. Dist. Ct. App. 1982)
Case details for

Grapin Chaykin v. Turnoff Fox

Case Details

Full title:GRAPIN CHAYKIN, M.D., P.A., AND BERTRAM GRAPIN AND LOUIS CHAYKIN…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 6, 1982

Citations

416 So. 2d 843 (Fla. Dist. Ct. App. 1982)

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