Sun-Crete, Inc. v. Sun Deck Products, Inc.
Sun-Crete, Inc. v. Sun Deck Products, Inc.
Opinion of the Court
We affirm in all respects but find the evidence which was before the trial court to be too speculative to support the compensatory fine of $330,000 for contempt. Accordingly, we reverse and remand with direction for rehearing solely upon the question of the amount of the compensatory fine. The parties, of course, may engage in further prehearing discovery.
It is not our intent to place appellees in a Catch 22 position by requiring them to meet their burden against recalcitrant parties which, or who, refuse to produce or disclose discoverable information. We feel comfortable that the Florida Rules of Civil Procedure provide adequate sanctions to handle any further problems that may arise in this area.
Dissenting Opinion
dissenting in part.
I am not convinced that the Rules of Civil Procedure provide an attainable remedy in this case. The admittedly recalcitrant appellants have, in my view, abused the judicial process
There can be no doubt that a trial court has the power to punish a “contemnor”
Yet the inexactitude of proof was occasioned by the discovery violations and contemptuous acts of the appellants who now benefit by their own egregious wrong in successfully having the money damages set aside.
Though not cited by the appellees, I have dug up two Federal cases which basically hold that:
A defendant whose wrongful act creates the difficulty is not entitled to complain that the amount of the damages cannot be accurately fixed.
Accordingly, I would affirm in toto.
. I certainly do not include appellate counsel in this criticism.
. Black’s Law Dictionary appears to spell it “contemner.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.