From Casetext: Smarter Legal Research

Merrill Lynch Pierce v. Haydu

District Court of Appeal of Florida, Third District
May 17, 1982
413 So. 2d 102 (Fla. Dist. Ct. App. 1982)

Summary

striking of defendant's pleadings and entering of default judgment against defendant affirmed where defendant had willfully and flagrantly failed to comply with discovery rules and with court orders compelling discovery

Summary of this case from Zafirakopoulous v. Intern. Crabhouse

Opinion

No. 81-2612.

April 13, 1982. Rehearing Denied May 17, 1982.

Appeal from the Circuit Court for Dade County, Jon I. Gordon, J.

Walton, Lantaff, Schroeder Carson and Patricia E. Cowart, Miami, for appellant.

Bartel Shuford and Bill Shuford, Jr., Miami, for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.


In its Order Striking Pleadings of Defendant and Entering Default, the trial court found:

1. The Defendant, MERRILL LYNCH, PIERCE, FENNER SMITH, INCORPORATED, has willfully and flagrantly violated and refused to comply with the Florida Rules of Civil Procedure, as they pertain to discovery, and with Orders of the trial court compelling discovery. For example, in the hearing before this Court, conducted on November 12, 1981, Defendant's counsel admitted and conceded that not a single document, paper or exhibit has ever been delivered to the Plaintiff or her counsel, pursuant to the Request for Production of Documents of April 11, 1979, despite Orders from the Court compelling production of documents, dated July 2, 1979, November 7, 1979, December 14, 1979 and August 12, 1981. With regard to the latest Order from the trial court compelling production, dated August 12, 1981, not only was production not made, but Defendant did not request an extension of time for the making of production. Excusable neglect has not been demonstrated by the Defendant. Similarly, the Defendant failed to answer Interrogatories when instructed and ordered by the Court to do so.

2. Plaintiff has been prejudiced, in terms of preparation of the liability portion of her case, by virtue of Defendant's willful refusal to provide discovery.

3. Accordingly, Plaintiff's Motion for Sanctions be and the same is hereby granted. The pleadings, including the Answer and Affirmative Defenses, of the Defendant, are stricken, and default is hereby entered against the Defendant, MERRILL LYNCH, PIERCE, FENNER SMITH, INCORPORATED.

4. Liability having been determined in favor of the Plaintiff, by virtue of the default provided for herein, this action shall proceed to trial solely on the question of damages, as scheduled on the Court's two-week jury trial calendar commencing March 15, 1982.

We affirm.

HENDRY, J., dissents.


Summaries of

Merrill Lynch Pierce v. Haydu

District Court of Appeal of Florida, Third District
May 17, 1982
413 So. 2d 102 (Fla. Dist. Ct. App. 1982)

striking of defendant's pleadings and entering of default judgment against defendant affirmed where defendant had willfully and flagrantly failed to comply with discovery rules and with court orders compelling discovery

Summary of this case from Zafirakopoulous v. Intern. Crabhouse

In Merrill Lynch Pierce Fenner Smith, Inc. v. Haydu, 413 So.2d 102 (Fla. 3d DCA 1982), the district court set forth in full the findings of the trial court in granting sanctions.

Summary of this case from United Serv. Auto. Ass'n v. Strasser
Case details for

Merrill Lynch Pierce v. Haydu

Case Details

Full title:MERRILL LYNCH PIERCE FENNER SMITH INC., APPELLANT, v. HELEN ECHO HAYDU…

Court:District Court of Appeal of Florida, Third District

Date published: May 17, 1982

Citations

413 So. 2d 102 (Fla. Dist. Ct. App. 1982)

Citing Cases

Zafirakopoulous v. Intern. Crabhouse

eparture for Greece. Zafirakopoulous clearly conveyed her willingness to comply with a court-ordered…

United Serv. Auto. Ass'n v. Strasser

The appellate court affirmed, finding no abuse of discretion. In Merrill Lynch Pierce Fenner Smith, Inc. v.…