Florida District Courts of Appeal, 1980

Kuhn v. Harless

Florida District Courts of Appeal · Decided November 12, 1980 · Anstead, Dauksch, Moore

390 So. 2d 723; 1980 Fla. App. LEXIS 17603 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Harless v. Kuhn (Fla. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MOORE, Judge.

Upon consideration of the appellees’ petition for rehearing and appellant’s response, we find the question presented by this appeal one of great public importance. Accordingly, we adhere to our original opinion, 390 So.2d 721, and certify the following question to the Supreme Court as one of great public importance:

DOES THE ENTRY OF A DEFAULT AGAINST A DEFENDANT FOR VIOLATION OF DISCOVERY ORDERS IN A NEGLIGENCE ACTION PRECLUDE *724THAT DEFENDANT FROM REDUCING THE AMOUNT OF HIS LIABILITY BY PROOF OF THE PLAINTIFF’S COMPARATIVE NEGLIGENCE?

ANSTEAD, J., and JAMES C. DAUKSCH, Jr., Associate Judge, concur.

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