COSTA BELLA DEV. CORP. v. COSTA DEV. CORP.

No. 82-711.

441 So.2d 1114 (1983)

COSTA BELLA DEVELOPMENT CORPORATION, a Florida Corporation, Appellant, v. COSTA DEVELOPMENT CORPORATION, Miguel Recarey, Jr., Olga Recarey, Miguel Recarey and Carmen Recarey, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 21, 1983.


Attorney(s) appearing for the Case

Taylor, Brion, Buker & Greene and Arnaldo Velez, Miami, for appellant.

Lapidus & Stettin and Robert P. Frankel, Miami, for appellees.

Before HENDRY, BASKIN and FERGUSON, JJ.


PER CURIAM.

The order of the court dismissing plaintiff's complaint with prejudice for failure to comply with an order of discovery was warranted where it was demonstrated that plaintiff had failed to use every available means to produce the original note sued upon after a passage of more than ample time to comply. The sanction of dismissal on this record, which shows that the failure to comply was a calculated act of bad faith,1 see...

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