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Showing posts with the label motion to compel

Dismissing Action as Sanctions

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"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

Insurance Bad Faith Discovery

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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