ASPER v. MAXY AVIATION SERVICES, L.C.

No. 4D04-3944.

915 So.2d 271 (2005)

Richard A. ASPER, Appellant, v. MAXY AVIATION SERVICES, L.C., Appellee.

District Court of Appeal of Florida, Fourth District.

December 7, 2005.


Attorney(s) appearing for the Case

Gary A. Esler of Esler & Lindie, P.A., Fort Lauderdale, for appellant.

Gary M. Bagliebter and Temple Fett Kearns of Shutts & Bowen LLP, Fort Lauderdale, for appellee.


STONE, J.

Defendant, Asper, appeals a final judgment entered upon an order striking his pleadings and entering a default. We conclude that Asper's repeated willful disregard of orders supports this harsh sanction, and affirm.

Asper was contractually obligated to make certain disbursements to the IRS on Maxy's behalf out of escrow funds. The IRS was not paid, and Maxy demanded Asper fulfill his obligation under the agreement, plus pay the penalty and interest...

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