You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Sheinheit v. Garrison

Citations: 865 So. 2d 596; 2004 Fla. App. LEXIS 209; 2004 WL 57290Docket: Nos. 3D03-555, 3D03-1120

Court: District Court of Appeal of Florida; January 13, 2004; Florida; State Appellate Court

Narrative Opinion Summary

Gianna Sheinheit's appeal of a final judgment for damages and a permanent injunction has been reviewed. The order striking her pleadings is deemed supported by the record and falls within the discretion established in Mercer v. Raine. The court affirms the denial of her motion for disqualification, citing Fischer v. Knuck and Dura-Stress, Inc. v. Law as authoritative precedents. The court also finds the denial of her motion for continuance to be within its discretion. Furthermore, the record substantiates the entry of the permanent injunction. The judgment is affirmed.

Legal Issues Addressed

Denial of Motion for Disqualification

Application: The court upheld the denial of Sheinheit's motion for disqualification, referencing authoritative precedents to support its decision.

Reasoning: The court affirms the denial of her motion for disqualification, citing Fischer v. Knuck and Dura-Stress, Inc. v. Law as authoritative precedents.

Discretionary Striking of Pleadings

Application: The court exercised its discretion in striking the pleadings of Gianna Sheinheit, supported by the record, in accordance with established precedents.

Reasoning: The order striking her pleadings is deemed supported by the record and falls within the discretion established in Mercer v. Raine.

Entry of Permanent Injunction

Application: The record provided adequate support for the entry of a permanent injunction against Sheinheit, affirming the lower court's judgment.

Reasoning: Furthermore, the record substantiates the entry of the permanent injunction. The judgment is affirmed.

Judicial Discretion in Denial of Continuance

Application: The denial of Sheinheit's motion for continuance was found to be a proper exercise of judicial discretion.

Reasoning: The court also finds the denial of her motion for continuance to be within its discretion.