Summary
striking of pleadings and entry of default judgment and final judgment too severe a sanction for failure to file pretrial catalog in non-jury trial in absence of showing that counsel's failure to comply was willful or in flagrant disregard of court's authority
Summary of this case from Virginia Key Marina, Inc. v. BelloOpinion
No. 81-648.
February 2, 1982.
Appeal from the Circuit Court, Dade County, Jon I. Gordon, J.
Edward B. Johnson, Jr., Key West, for appellants.
Barry J. Clyman, Miami, for appellee.
Before HENDRY, NESBITT and FERGUSON, JJ.
Reversed. Striking of pleadings and entry of default judgment and final judgment is too severe a sanction for failure to file a pre-trial catalogue in a non-jury trial where there is no further showing that failure by a Key West attorney to comply with the standard pre-trial order was willful or with flagrant disregard for court's authority. See, e.g., Catogas v. Sapp, 397 So.2d 1182 (Fla. 3d DCA 1981); Beaver Crane Service, Inc., v. National Surety Corp., 373 So.2d 88 (Fla. 3d DCA 1979); cf. Watson v. Peskoe, 407 So.2d 954, (Fla. 3d DCA 1981).