Florida District Courts of Appeal, 1996

Peck v. Delta Fire Sprinkler, Inc.

Peck v. Delta Fire Sprinkler, Inc.
Florida District Courts of Appeal · Decided June 28, 1996 · Griffin, Sharp, Thompson
675 So. 2d 711; 1996 Fla. App. LEXIS 6854; 1996 WL 354604 (Southern Reporter, Second Series)

Peck v. Delta Fire Sprinkler, Inc.

Opinion of the Court

PER CURIAM.

The appealed order striking appellant’s answer for his “continuous and wilful failure to abide by the prior orders” of the lower court is affirmed. We can find no error in the appealed order. The language of the order is sufficient to meet the requirements of Commonwealth Federal Savings & Loan Association v. Tubero, 569 So.2d 1271 (Fla. 1990). The “continuous willfulness” finding is supported by the record, and in the absence of a transcript of the hearing on appel-lee’s motion to strike appellant’s answer and for entry of a default judgment, we are unable to conclude the court’s action in striking appellant’s answer for failing to provide discovery and abide by the court’s orders was erroneous.

AFFIRMED.

W. SHARP, GRIFFIN and THOMPSON, JJ., concur.

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