CONTINENTAL MOTORS INC v. JOHNSON (2021)

District Court of Appeal of Florida, Third District.

CONTINENTAL MOTORS, INC., Appellant, v. Carly JOHNSON, etc., Appellee.

No. 3D19-1232

Decided: April 21, 2021

Before LOGUE, LINDSEY and LOBREE, JJ.

Bryan Cave Leighton Paisner and Douglas E. Winter (Washington, DC); Wicker Smith O'Hara McCoy & Ford, P.A., and Alyssa M. Reiter (Fort Lauderdale); Skinner Law Group and Laurie A. Salita (Malvern, PA); Bowman and Brooke LLP and Wendy F. Lumish, for appellant. Podhurst Orseck, P.A., and Joel D. Eaton, Ricardo M. Martinez-Cid and Lea P. Bucciero, for appellee.

The assessment of a fine for failure to comply with an order compelling discovery “must be predicated upon a finding of contempt.” Channel Components, Inc. v. Am. II Elecs., Inc., 915 So. 2d 1278, 1283 (Fla. 2d DCA 2005). Because the sanctions order in this case explicitly finds that the attorneys’ failure to comply “was not willful, deliberate and contumacious,” we reverse the portion of the order imposing the fine. As to all other issues on appeal, we affirm without further discussion.

Affirmed, in part, and reversed, in part.

PER CURIAM.

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