action or of any claim (Florida) · Go Syfert
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action or of any claim in Florida

6 Florida opinions name it 1 courts 1971–2021 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Mercer v. Rainegreen
fla · 1983 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004See Mercer v. Raine, 443 So.2d 944, 946 (Fla.1983) (holding, in case where trial court entered default judgment against defendant for failure to comply with discovery order, that abuse of discretion "test should apply to the discretionary power of the trial court to grant sanctions"); Carr v. Reese, 788 So.2d 1067, 1070 (Fla. 2d DCA 2001) ("We recognize that a trial court's decision imposing sanctions for discovery violations must be affirmed unless the trial court abused its discretion in imposing the sanction at issue.").

11
Carr v. Reesegreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004See Mercer v. Raine, 443 So.2d 944, 946 (Fla.1983) (holding, in case where trial court entered default judgment against defendant for failure to comply with discovery order, that abuse of discretion "test should apply to the discretionary power of the trial court to grant sanctions"); Carr v. Reese, 788 So.2d 1067, 1070 (Fla. 2d DCA 2001) ("We recognize that a trial court's decision imposing sanctions for discovery violations must be affirmed unless the trial court abused its discretion in imposing the sanction at issue.").

11
Cummings v. Warren Henry Motors, Inc.green
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001See Cummings, 648 So.2d at 1232 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Kozel v. Ostendorf green
fla · 1994
1 sentence

2021Such discretion is not unbridled, however, as it is widely presumed the interests of justice are best served by resolving cases on their merits. 2 The homeowners correctly argue that where the actions of counsel are implicated, the trial court must consider the six factors established in the seminal case of Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993) to determine whether dismissal is appropriate and set forth explicit findings of fact in an order imposing the sanction of dismissal.

12021–2021
Stout Jewelers, Inc. v. Corson green
fladistctapp · 1994
1 sentence

2010Costs in any action dismissed under this rule shall be assessed and judgment for costs entered in that action.” In Stout Jewelers, Inc. v. Corson, 639 So.2d 82 (Fla. 2d DCA 1994), the court stated: Rule 1.420(d) provides in pertinent part that “[cjosts in any action dismissed under this rule shall be assessed and judgment for costs entered in that action.” In the context of a plaintiffs voluntary dismissal of a case, Florida courts have consistently interpreted the rule as authorizing a trial court to award attorney’s fees as costs to a defendant as the prevailing party when such an award is p

12010–2010
Smith, Kline & French Laboratories v. A. H. Robins Co. green
paed · 1973
1 sentence

1981Robins Company, 61 F.R.D. 24 (E.D.Pa. 1973). [9] Compare Fla.R.Civ.P. 1.420(b) ("Any party may move for a dismissal of an action or of any claim... .").

11981–1981
Warriner v. Ferraro green
fladistctapp · 1965
1 sentence

1971In Warriner v. Ferraro, 177 So.2d 723 (Fla.App. 1965), where plaintiff had failed to furnish a list of witnesses to defendants pursuant to court order, it was held that the court had inherent power to impose the sanction of dismissal for a failure to comply with a court order.

11971–1971

Where else courts name it

AL 9 (1992–2015) MS 8 (1999–2025) NJ 8 (2012–2026) ID 6 (1962–1989) DC 6 (1968–2016) KY 6 (2009–2026) SC 6 (2006–2023) FL 6 (1971–2021) MT 5 (1978–1988) MI 4 (1978–1986) GA 4 (2011–2021) TN 3 (1982–2016) OR 3 (1989–2021) MO 3 (1956–1979) WA 3 (1986–2019) NM 2 (2007–2014) ND 2 (1985–2010) NC 2 (1982–1992) KS 2 (1976–1988) HI 2 (2009–2020) SD 2 (1986–1999) AK 2 (2002–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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