Delta Information Services, Inc. v. Joseph R. Jannach, M.D. & Associates
| Citation | 569 So.2d 1353 |
| Decision Date | 13 November 1990 |
| Docket Number | 90-340,Nos. 90-191,s. 90-191 |
| Court | Court of Appeal of Florida (US) |
| Parties | 15 Fla. L. Weekly D2772 DELTA INFORMATION SERVICES, INC., Appellant, v. JOSEPH R. JANNACH, M.D. & ASSOCIATES, Appellee. |
Taylor, Brion, Buker & Greene and Arnaldo Velez, Miami, for appellant. 1
Concepcion, De Grandy & Sexton and Carlos Concepcion, Coral Gables, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and NESBITT, JJ.
The appellee medical group contracted with the appellant's predecessor for a computerized billing and collection service as related to its patients. The appellant undertook to perform these services from 1981 to 1984 when the contract was terminated by the medical group because the service was unsatisfactory.
The appellant commenced an action to recover its contract fee of 10% on the amounts collected, alleging that the contract was wrongfully terminated and that the medical group withheld funds from it. This complaint was met by an answer and compulsory counterclaim for an accounting of some $1,700,000 in allegedly missing collections, out of total billings in excess of $4,000,000. After the cause of action was at issue, the trial court severed the equity claim for accounting from the claims for damages and ordered that the accounting issues would be determined initially. Following a bench trial, the trial court ordered an accounting. 2
In an attempt to achieve the accounting, the appellee sought certain discovery from the appellant relating to the various records of the accounts processed by the appellant. No discovery was forthcoming, notwithstanding at least five orders to comply with same, one of which was an agreed order regarding discovery. 3
After the time to produce under the agreed order had expired, and no production was forthcoming, the matter came on for hearing upon a motion for sanctions, for failure to make discovery, whereupon the trial court entered an order granting an additional ten days for the appellant to comply with the order to account. Once again no discovery was forthcoming, and the matter recurred on another motion for sanctions, whereupon an order was entered dismissing the appellee's complaint, which order also found liability in favor of the appellee on the counterclaim. Subsequently, final judgment was entered reflecting these sanctions. 4
These appeals ensued. One claimed error in the entry of the order on sanctions as to the appellant's complaint, and the other claimed error in the entry of the order finding liability in favor of the counter-plaintiff. Under the circumstances, we find no error in either order; the appellant having failed to satisfactorily explain why it did not comply with the requested discovery, why it failed to appear at a properly noticed hearing, and why it did not respond to...
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Kranz v. Levan, 91-558
...for the discovery order violations in this case. Mercer v. Raine, 443 So.2d 944, 946 (Fla.1983); Delta Info. Serv., Inc. v. Joseph R. Jannach, M.D. & Assoc., 569 So.2d 1353 (Fla.3d DCA 1990); Gomez v. Pujols, 546 So.2d 734 (Fla.3d DCA 1989); Dominguez v. Wolfe, 524 So.2d 1101 (Fla.3d DCA 19......
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Bator v. Gould, 90-02823
...Nob Hill at Welleby, Ltd. v. Resolution Trust Corp., 573 So.2d 952 (Fla. 4th DCA 1991); Delta Information Servs., Inc. v. Joseph R. Jannach, M.D. & Assocs., 569 So.2d 1353 (Fla. 3d DCA 1990); Johnson v. Allstate Ins. Co., 410 So.2d 978 (Fla. 5th DCA ...
- Wolf v. State, 91-885
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Rose v. Clinton, 90-1241
...... a [d]efault."3 We find that the sanctions were commensurate with the discovery violations. Delta Information Serv., Inc. v. Joseph R. Jannach M.D. & Assoc., 569 So.2d 1353 (Fla. 3d DCA 1990). ...