01-1620 SMITH V. FRAGA

State: Florida

Court: Florida Third District Court

Docket No: 01-1620 SMITH V. FRAGA

Case Date: 12/26/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001

SMITH TERMINAL WAREHOUSE COMPANY, et al., Appellants,

** ** CASE NO. 01-1620 **

vs. ** LAZARO F. FRAGA, Appellee. ** LOWER TRIBUNAL NO. 99-27457

Opinion filed December 26, 2001. An Appeal Levenson, Judge. from the Circuit Court for Dade County, Barbara S.

O'Connor, Chimpoulis, Cassetty, for appellants.

Restani,

Marrero

&

McAllister

and

David

Mark J. Feldman, for appellee.

Before JORGENSON, LEVY, and SHEVIN, JJ.

PER CURIAM.

The defendants below appeal from a final judgment entered for the

plaintiff, an order denying their motion for a directed verdict, and an order denying their motion for a new trial. We find no merit in the

defendants' arguments and affirm. See In re Estate of Brandt, 613 So. 2d 1365 (Fla. of the 1st DCA 1993)("'Only authority, the a a bad deliberate faith, or and contumacious disregard which or

disregard

court's

willful conduct of

gross indifference to an order of deliberate violation callousness of discovery will

court,

evinces for Co. a v.

justify

dismissal

pleadings Acquisition

procedures.'"

(quoting

U.S.B.

U.S. Block Corp., 564 So. 2d 221, 222 (Fla. 4th DCA))). See also Medina v. Peralta, 26 Fla. L. Weekly D2636 (Fla. 3d directed absence viewing verdict of the facts is or proper only when from the facts most DCA Nov. 7, 2001) ("'A an

record to

conclusively a jury the

shows

inferences in a

support to

verdict, nonmoving

evidence

light

favorable

party.'" (quoting Sears, Roebuck & Co. v. McKenzie, 502 So. 2d 940, 941 (Fla. 3d DCA 1987))). AFFIRMED.

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