Florida Construction Law

"Dismissal of a cause of action as sanctions for failing to obey an order requiring discovery is a drastic remedy which should be used only in extreme situations."   Momenah v. Ammache , 616 So.2d 121 (Fla. 2d DCA 1993). Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

A motion for protective order does not stay discovery until the motion is granted.   Momenah v. Ammache , 616 So.2d 121 (Fla. 2d DCA 1993). Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

Insurer's claim file was not discoverable in lawsuit based on breach of contract and not bad faith against the insurer.   Gavin's Ace Hardware, inc. v. Federated Mutual Insurance Company , 2011 WL 5104476 (M.D. Fla. 2011).   Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

A party in a case can issue a Request for Admissions asking the other side to admit or deny certain facts.  Failure to answer the Request results in those requests being deemed admitted and can be used as evidence against the other party.   Hooten v. Lake County , 177 So.2d 696 (Fla. 2d DCA 1965). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com