Summary
granting writ of certiorari to quash order imposing fine of $500 per day for discovery violations because there was no determination of contempt or the party's present ability to purge
Summary of this case from Channel Components, Inc. v. America II Electronics, Inc.Opinion
No. 97-3846
Opinion filed June 24, 1998 JANUARY TERM 1998
Petition for writ of certiorari to the Circuit Court of the Nineteenth Judicial Circuit, Martin County; Robert Makemson, Judge; L.T. No. 96-338 FS.
Russell S. Bohn of Caruso, Burlington, Bohn Compiani, P.A., West Palm Beach, and Richard A. Barlow of Kibbey Barlow, Stuart, for petitioner.
W. Jay Hunston, Jr. and Ronald E. Crescenzo of Boose Casey Ciklin Lubitz Martens Mcbane O'Connell, West Palm Beach, for respondent.
We grant the petition for certiorari and quash the trial court's order that imposed a fine of $500.00 per day for discovery violations because the order lacked the requisite determination that the petitioner was in contempt and had the present ability to purge same. See Florida Physicians Ins. Reciprocal v. Baliton, 436 So.2d 1110 (Fla. 4th DCA 1983); Paramount Advisors, Inc. v. Schwartz, 591 So.2d 671 (Fla. 4th DCA 1991).
GLICKSTEIN, POLEN and TAYLOR, JJ., concur.