Riess v. Goldman
| Decision Date | 07 March 1967 |
| Docket Number | No. 66--434,66--434 |
| Citation | 196 So.2d 184 |
| Parties | Abraham RIESS, Appellant, v. Aaron GOLDMAN and Kay Sweet, d/b/a Goldman & Sweet, Appellees. |
| Court | Florida District Court of Appeals |
Harold Ungerleider, Miami Beach, for appellant.
Robert H. Traurig, Miami, and Harold M. Rifas, Coral Gables, for appellees.
Before HENDRY, C.J., and CARROLL and BARKDULL, JJ.
This appeal involves the correctness of a summary judgment entered for the plaintiffs and the fixing of attorney's fees by the court without submitting the issue to a jury.
The plaintiffs in the trial court sued the defendant to recover rental installments due under a written lease, together with costs and attorney's fees as provided in the lease. The defendant answered and counterclaimed for constructive eviction and sought damages. Issue being joined, the plaintiffs noticed the defendant for taking his depositions. The defendant moved for a protective order. Upon the hearing on the motion, the court entered the following order:
'ORDERED AND ADJUDGED:
(emphasis added)
Thereafter, the plaintiffs duly noticed the taking of depositions; the defendant failed to appear, his counsel submitting a letter that he was physically unable to do so. Notwithstanding the prior order of the court, as quoted above, and without issuing a rule to show cause, the trial court struck the answer and counterclaim and rendered a summary judgment as to the rental installments and proceeded to determine the amount of attorney's fees without submitting the matter to a jury, as requested in the answer. We find error and reverse.
Before the trial court was authorized to take such a serious sanction as striking the defendant's pleadings, the defendant was entitled to an order directing him to appear for the taking of his depositions. See: State Road Department v. Hufford, Fla.App.1964, 161 So.2d 35; Hyman v. Schwartz, Fla.App.1965, 177 So.2d 750; Remington Construction Co. v....
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Commodore Plaza at Century 21 Condominium Ass'n, Inc. v. Cohen, s. 76-767
...where a case is tried by a jury. Wabash Fire and Casualty Company v. Holloway, 139 So.2d 145 (Fla. 3rd D.C.A. 1962); Riess v. Goldman, 196 So.2d 184 (Fla. 3rd D.C.A. 1967); Grayson v. Fishlove, 266 So.2d 38 (Fla. 3rd D.C.A. 1972); Franklin v. Boyd, 272 So.2d 191 (Fla. 3rd D.C.A. 1972); Schu......
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...21 Condominium Association, Inc. v. Cohen, 350 So.2d 502 (Fla. 3d DCA 1977), cert. denied, 362 So.2d 1051 (Fla.1978); Riess v. Goldman, 196 So.2d 184 (Fla. 3d DCA 1967); Ronlee, Inc. v. P. M. Walker Co., 129 So.2d 175 (Fla. 3d DCA 1961). Since Magic World did not present any evidence for th......
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Schwartz v. Sherman
...has been decided adversely to the appellee in Codomo v. Emmanuel, Fla.1956, 91 So.2d 653, and in the recent case of Riess v. Goldman, Fla.App.1967, 196 So.2d 184. We therefore conclude that appellants have demonstrated error and that the allowance of attorney's fees in the supplemental judg......
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Prudential Ins. Co. of America v. Lamm, 68--168
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