Palm Shores Inc. v. Nobles
| Decision Date | 16 December 1941 |
| Citation | 5 So.2d 52,149 Fla. 103 |
| Parties | PALM SHORES, Inc., v. NOBLES. |
| Court | Florida Supreme Court |
Carroll Dunscombe, of Stuart, for plaintiff in error.
Liddon & Fee, of Fort Pierce, for defendant in error.
The record in this case reveals that on the 28th day of February, 1941 interrogatories were propounded to the plaintiff by the defendant in this cause in the Circuit Court of St. Lucie County, Florida. That plaintiff failed to answer the interrogatories and on the 14th day of March, 1941, defendant filed his petition for rule nisi and on the same day the Circuit Judge issued an order requiring plaintiff to show cause within five days why it should not be held in contempt for its failure to file answers to the interrogatories as required by Section 4406. C.G.L.
The order to show cause was duly served on the plaintiff and on the 17th day of March, 1941, the plaintiff filed objections to the interrogatories and on March 18th, 1941, plaintiff filed what he termed a disclaimer of willful default and excuse for failing to answer sooner. The plaintiff did not file any other instrument and did not appear before the Court as required by the rule nisi.
On March 31, 1941 the Court entered an order adjudging the plaintiff to be in contempt of court and requiring it to pay into the court the sum of $50 within ten days from date thereof and that upon such failure the cause should stand dismissed.
On April 8th, 1941 plaintiff filed motion to stay the contempt order and allow plaintiff a hearing. This motion was never called up before the Court and on June 6th, 1941, the Court entered an order dismissing the cause for failure of the plaintiff to pay the $50, adjudged against it for contempt, into the registry of the court as required by the former order, which order is as follows:
'Whereas, it appears that this Court entered an order on the 31st day of March, 1941, adjudging the plaintiff in contempt of this court and requiring the plaintiff to pay into the registry of this court the sum of $50.00 as a fine for said contempt within ten days from the date thereof, and that in the event of the plaintiff failing to pay said sum as aforesaid, that this cause should stand dismissed at the cost of the plaintiff; and it appearing to the Court that the plaintiff in this cause has not paid said sum of $50.00 into the registry of this Court as required by said Order,
It Is, Therefore Ordered and Adjudged that the above entitled cause be, and the same is hereby, dismissed with prejudice to the Plaintiff.
'Done and ordered at Fort Pierce, Florida, this 4th day of June, 1941.'
To this order writ of error was taken to this Court.
No reversible error is made to appear in the judgment of the Court in so far as it adjudicates the plaintiff...
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Jaffe v. Snow
...to a hearing or a trial of his cause out of which the contempt arose until he purges himself of the contempt. In Palm Shores, Inc. v. Nobles, 149 Fla. 103, 5 So.2d 52 (1941), the court held that the plaintiff had been properly held in contempt for failure to respond to interrogatories propo......
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McCollum v. Birmingham Post Co.
...against those absent parties was held erroneous both as to the order and the judgment.' 14 A.L.R.2d page 587. 'In Palm Shores, Inc. v. Nobles, 1941, 149 Fla. 103, 5 So.2d 52, where the court entered an order adjudging the plaintiff to be in contempt of court and requiring it to pay into the......
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Hahn v. First Nat. Bank of Delray Beach, s. 75--2296
...10 L.Ed.2d 142 (1963); McLean v. McLean, 340 So.2d 493 (Fla.1st DCA 1976). That power must be sparingly exercised. Palm Shores, Inc. v. Nobles, 149 Fla. 103, 5 So.2d 52 (1941); Popkin, supra, 213 So.2d at 448; Rowley v. Bankers United Life Assur. Co., 311 So.2d 380 (Fla.3d DCA 1975). In the......
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Washington Sec. Co. v. Tracy's Plumbing & Pumps, Inc., 4542
...TED, Associate Judge, concur. 1 An order dismissing the cause 'with prejudice' is, of course, a final order. Palm Shores, Inc. v. Nobles, 1941, 149 Fla. 103, 5 So.2d 52. An order granting a motion to dismiss the complaint which, in addition, dismisses the cause is appealable as a final orde......