EVANS v. KALAL

No. 87-2156.

541 So.2d 648 (1989)

Gerald EVANS, Appellant, v. Amey F. KALAL, Appellee.

District Court of Appeal of Florida, Third District.

On Rehearing April 25, 1989.


Attorney(s) appearing for the Case

Kimbrell & Hamann, W. Sam Holland and Virginia S. Forbes, for appellant.

Neblett & Sauer and John Moore, Key West, for appellee.

Before HUBBART, FERGUSON and LEVY, JJ.


PER CURIAM.

The final order of dismissal entered below as a sanction for a discovery violation is reversed because, on this record, it cannot be said that the plaintiff willfully refused to produce his 1040 income tax returns for the past three years as required by court order. Indeed, the record affirmatively reflects that (a) the plaintiff did not have personal copies of the 1040 income tax returns desired, and (b) the Internal Revenue Service in a letter to plaintiff...

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