Osheroff v. Osheroff
Cases that cite this one
3 later published cases cite this decision.
- Mtw Jordan Inc., Jordan Ave. Management, Inc., Markee White and v. Tnt Educators, Inc. D/B/A Apple Academy, Tanya Baskerville & Waltrell Lee (Fla. Dist. Ct. App. 2025)
- Pierce v. Kroha (Fla. Dist. Ct. App. 2016)
- Leath v. State (Fla. Dist. Ct. App. 1997)
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
We reverse the order entering default and default judgment against the defendant-appellant as a sanction because counsel filed a motion to dismiss instead of an answer pursuant to an agreed order requiring the filing of a “responsive pleading.” See Fla. R. Civ. P. 1.100(a) (defining “pleadings”). “This was much too harsh a sanction for the minor dereliction involved and thus constituted a plain abuse of discretion.” Techno Indus. Corp. v. Cooper Indus., Inc., 410 So.2d 584, 584 (Fla. 3d DCA 1982) (citations omitted); see also Joseph v. Marese, 534 So.2d 920, 921 (Fla. 3d DCA 1988); Thaw, Gopman & Assocs., P.A v. Jack J. Greenberg, M.D. & Assocs., PA, 595 So.2d 305 (Fla. 3d DCA 1992). Accordingly the final judgment and default are reversed and the cause remanded for further proceedings.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.