CHAMPIONSHIP WRESTLING FROM FLORIDA, INC. v. DeBLASIO

No. 4-86-2247.

508 So.2d 1274 (1987)

CHAMPIONSHIP WRESTLING FROM FLORIDA, INC., a Florida Corporation, National Wrestling Alliance, Virgil Runnels, Jr. and City of West Palm Beach, Appellants, v. Stephen DeBLASIO a/K/a Big Daddy, and Susan DeBlasio, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 21, 1987.


Attorney(s) appearing for the Case

John Beranek of Klein & Beranek, P.A., and John J. Bulfin of Wiederhold, Moses & Bulfin, P.A., West Palm Beach, for appellants.

Jeffrey H. Wolfson, and Michael B. Nipon, Fort Lauderdale, for appellees.


PER CURIAM.

We reverse this matter because the trial court did not expressly find, nor does the record conclusively reveal, that appellants' failure to comply with discovery was a willful refusal to obey. Mercer v. Raine, 443 So.2d 944 (Fla. 1983); Garden-Aire Village Sea Haven v. Decker, 433 So.2d 676 (Fla. 4th DCA 1983). In absence of such an express finding of willful refusal...

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