All Dry USA v. Savell
After a contractor sued homeowners for unpaid remediation work, the trial court struck the contractor's complaint as a discovery sanction based on prejudice to the defendants and failure to meet case management deadlines, then entered default judgment. The First DCA reversed, holding that prejudice is not the governing standard and that the order lacked the required express finding of willful, deliberate, or contumacious disregard of a court order; the majority also stated that failing to meet case management order deadlines alone is not a basis to strike pleadings under rules 1.200 and 1.380.
Key facts
- All Dry USA, a contractor, sued homeowners for payment of remediation work performed on their property.
- The trial court struck the contractor's complaint as a discovery sanction and entered default judgment against the contractor based on alleged prejudice to the defendants and failure to meet case management order deadlines.
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Why it matters
The opinion is a useful tool for parties hit with the ultimate discovery sanction: it reaffirms Tubero/Mercer's express-finding requirement and expressly rejects prejudice as the touchstone. Notably, the majority goes… — full analysis with a trial
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