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Peck v. Delta Fire Sprinkler, Inc.

District Court of Appeal of Florida, Fifth District
Jun 28, 1996
675 So. 2d 711 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-2862.

June 28, 1996.

Appeal from the Circuit Court for Orange County, George A. Sprinkel, IV, Judge.

Kirk M. Campbell, Casselberry, for Appellant.

Kenneth L. Mann, of Trickel, Leigh Mann, P.A., Orlando, for Appellee.


The appealed order striking appellant's answer for his "continuous and wilful failure to abide by the prior orders" of the lower court is affirmed. We can find no error in the appealed order. The language of the order is sufficient to meet the requirements of Commonwealth Federal Savings Loan Association v. Tubero, 569 So.2d 1271 (Fla. 1990). The "continuous willfulness" finding is supported by the record, and in the absence of a transcript of the hearing on appellee's motion to strike appellant's answer and for entry of a default judgment, we are unable to conclude the court's action in striking appellant's answer for failing to provide discovery and abide by the court's orders was erroneous.

AFFIRMED.

W. SHARP, GRIFFIN and THOMPSON, JJ., concur.


Summaries of

Peck v. Delta Fire Sprinkler, Inc.

District Court of Appeal of Florida, Fifth District
Jun 28, 1996
675 So. 2d 711 (Fla. Dist. Ct. App. 1996)
Case details for

Peck v. Delta Fire Sprinkler, Inc.

Case Details

Full title:JOHN M. PECK, APPELLANT, v. DELTA FIRE SPRINKLER, INC., APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jun 28, 1996

Citations

675 So. 2d 711 (Fla. Dist. Ct. App. 1996)

Citing Cases

Ganceres v. Ganceres

We have no option but to affirm. See Peck v. Delta Fire Sprinkler, Inc., 675 So.2d 711 (Fla. 5th DCA 1996);…