Florida District Courts of Appeal, 1998

Akiyama Corp. v. Smith

Akiyama Corp. v. Smith
Florida District Courts of Appeal · Decided June 17, 1998 · Farmer, Gross, Stone
710 So. 2d 1383; 1998 Fla. App. LEXIS 7179; 1998 WL 314632 (Southern Reporter, Second Series)

Akiyama Corp. v. Smith

Opinion of the Court

PER CURIAM.

By its order filed February 10, 1997, the trial court granted appellees’ motion to strike appellant’s pleadings, including its defenses, and entered a final judgment of foreclosure. We reverse. On its face, the February 10 order failed to contain specific factual findings that the failure to comply with discovery was willful. See Commonwealth Fed. Sav. and Loan Ass’n v. Tubero, 569 So.2d 1271 (Fla. 1990). On remand, if the trial court “determines that the sanctions were justified and makes the express findings required by Tubero, it is authorized to reinstate the orders ... and the final judgment.” Harper-Elder v. Elder, 701 So.2d 1230, 1231 (Fla. 4th DCA 1997).

STONE, C.J., and FARMER and GROSS, JJ., concur.

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