Championship Wrestling From Florida, Inc. v. DeBlasio, 4-86-2247
| Decision Date | 03 June 1987 |
| Docket Number | No. 4-86-2247,4-86-2247 |
| Citation | 508 So.2d 1274,12 Fla. L. Weekly 1390 |
| Parties | 12 Fla. L. Weekly 1390 CHAMPIONSHIP WRESTLING FROM FLORIDA, INC., a Florida corporation, National Wrestling Alliance, Virgil Runnels, Jr. and City of West Palm Beach, Appellants, v. Stephen DeBLASIO a/k/a Big Daddy, and Susan DeBlasio, his wife, Appellees. |
| Court | Florida District Court of Appeals |
John Beranek of Klein & Beranek, P.A., and John J. Bulfin of Wiederhold, Moses & Bulfin, P.A., West Palm Beach, for appellants.
Jeffrey H. Wolfson, and Michael B. Nipon, Fort Lauderdale, for appellees.
We reverse this matter because the trial court did not expressly find, nor does the record conclusively reveal, that appellants' failure to comply with discovery was a willful refusal to obey.Mercer v. Raine, 443 So.2d 944(Fla.1983);Garden-Aire Village Sea Haven v. Decker, 433 So.2d 676(Fla. 4th DCA1983).In absence of such an express finding of willful refusal the sanction of default is too severe.We reverse the order of default and remand with leave to impose lesser sanctions.
REVERSED.
ANSTEAD, J., concurs specially with opinion.
While I agree that the case law cited in the majority opinion suggests that a written finding of willful refusal to obey court orders is necessary to sustain the severe sanction of default, the issue is sufficiently in doubt and, in my opinion, of such significance to warrant our certifying that issue as one of great public importance.In that way, trial courts...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 7-day Trial
5 cases
-
Commonwealth Federal Sav. and Loan Ass'n v. Tubero
...v. DeBlasio, 508 So.2d 1274 (Fla. 4th DCA), review denied, 518 So.2d 1274 (Fla.1987); McNamara v. Bradley Realty, Inc., 504 So.2d 814 (Fla. 4th DCA 1987); Stoner v. Verkaden, 493 So.2d 1126 (Fla. 4th DCA 1986). In a concurring opinion in
Championship Wrestling, Judge Anstead suggested that the question of whether or not a written finding of willful refusal was required in cases such as this was in doubt and that clarification was necessary to put trial courtsDCA 1989); Bernaad v. Hintz, 530 So.2d 1055 (Fla. 4th DCA 1988); Arviv v. Perlow, 528 So.2d 139 (Fla. 4th DCA 1988); Donner v. Smith, 517 So.2d 709 (Fla. 4th DCA 1987); Championship Wrestling from Florida, Inc. v. DeBlasio, 508 So.2d 1274 (Fla. 4th DCA), review denied, 518 So.2d 1274 (Fla.1987); McNamara v. Bradley Realty, Inc., 504 So.2d 814 (Fla. 4th DCA 1987); Stoner v. Verkaden, 493 So.2d 1126 (Fla. 4th DCA 1986). In a concurring... -
DeBlasio v. Championship Wrestling From Florida, Inc.
... Page 1274 518 So.2d 1274 DeBlasio (Stephen) a/k/a Big Daddy, DeBlasio (Susan) v. Championship Wrestling From Florida, Inc., National Wrestling Alliance, Runnels (Virgil, Jr.), a/k/a Dusty Rhodes, City of West Palm Beach NO. 71,031 Supreme Court of Florida. DEC 07, 1987 Appeal From: 4th DCA
508 So.2d 1274Rev.... -
Dunn v. White
...(Fla. 4th DCA 1986); McNamara v. Bradley Realty, Inc., 504 So.2d 814 (Fla. 4th DCA 1987); Trupei v. City of Lighthouse Point, 506 So.2d 19 (Fla. 4th DCA 1987);
Championship Wrestling from Florida, Inc. v. DeBlasio, 508 So.2d 1274 (Fla. 4th DCA), rev. denied, 518 So.2d 1274 (Fla.1987); Zafirakopoulous v. South Miami International Crab House Corp., 513 So.2d 1353 (Fla. 3d DCA 1987); Arviv v. Perlow, 528 So.2d 139 (Fla. 4th DCA 1988);... -
Bernaad v. Hintz
...reason to conclude that the opinions relied on in the majority opinion require that we depart from the common sense approach in Ferrante and Luca. A hearing and findings are not required where nothing is to be gained by doing so. I would recede from any language in Donner v. Smith, 517 So.2d 709 (Fla. 4th DCA 1987);
Championship Wrestling From Florida, Inc. v. DeBlasio, 508 So.2d 1274 (Fla. 4th DCA), rev. denied, 518 So.2d 1274 (Fla.1987); Trupei v. City of Lighthouseof the court's authority or evidenced a willful failure to submit to discovery. Mercer v. Raine, 443 So.2d 944 (Fla.1983); Donner v. Smith, 517 So.2d 709 (Fla. 4th DCA 1987); Championship Wrestling From Florida, Inc. v. DeBlasio, 508 So.2d 1274 (Fla. 4th DCA), rev. denied, 518 So.2d 1274 (Fla.1987); Trupei v. City of Lighthouse Point, 506 So.2d 19 (Fla. 4th DCA 1987); Stoner v. Verkaden, 493 So.2d 1126 (Fla. 4th DCA WALDEN, J., concurs. STONE,...
Get Started for Free