HORACE MANN INS. CO. v. CHASE

No. 1D09-5572.

51 So.3d 640 (2011)

HORACE MANN INSURANCE COMPANY, Appellant, v. Allison N. CHASE, Individually, and as Co-Personal Representative of the Estate of Richard Chase, Deceased., Appellee.

District Court of Appeal of Florida, First District.

January 19, 2011.


Attorney(s) appearing for the Case

Tammy De Soto Cicchetti and Audra M. Bryant of The Cicchetti Law Firm, Tallahassee, for Appellant.

Benjamin E. Richard , Stephen J. Pajcic, III , and William A. Bald of Pajcic & Pajcic, P.A., Jacksonville, for Appellee.


PER CURIAM.

We grant the Appellee's Motion for Clarification, withdraw our previous opinion, and substitute the following opinion in its place.

This appeal concerns a circuit court's decision to impose sanctions for a party's bad-faith failure to participate in pre-trial discovery. Because the order imposing sanctions does not meet the requirements of either rule or common law, we reverse the order as it applies to Appellant, Horace Mann Insurance Co.

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