Florida District Courts of Appeal, 1995

Gersten v. Canvassing Board of Dade County

Florida District Courts of Appeal · Decided January 11, 1995 · Barbara, Farmer, Gary, Mark, Pariente, Polen

775 So. 2d 306; 1995 Fla. App. LEXIS 98; 1995 WL 7656 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Ivey v. State (Fla. Dist. Ct. App. 1999)

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Opinion of the Court

PER CURIAM.

Joe Gersten appeals the dismissal with prejudice of his civil action, which challenges the outcome of an election for a Dade County Commission seat won by appellee Bruce Kaplan. The dismissal was imposed as a sanction for appellant’s failure to answer interrogatories, even after a 45-day period of extension sought by appellant, a subsequent order requiring the answers to be filed “forthwith,” and a motion to impose sanctions for failure to comply. The trial court found appellant’s failure to answer the interrogatories to be willful. We affirm on authority of Commonwealth Federal Savings and Loan v. Tubero, 569 So.2d 1271 (Fla. 1990), and Mercer v. Raine, 443 So.2d 944 (Fla. 1983).

POLEN, MARK E., FARMER, GARY M. and PARIENTE, BARBARA J., Associate Judges, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.