Iaconis v. Ward

Docket: No. 4D07-3411

Court: District Court of Appeal of Florida; July 30, 2008; Florida; State Appellate Court

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Appellant E.P. Iaconis appeals the trial court’s dismissal with prejudice of his breach of contract action, which the court imposed as a sanction for non-compliance with multiple discovery orders from appellee. The dismissal occurred during a hearing for appellee's renewed motion to compel and included a request for sanctions, which did not infringe on appellant's due process rights. Despite prior denials of appellant's petition for writ of certiorari regarding the classification of his documents as trade secrets, he continued to ignore appellee's motions for production. The trial court properly considered factors from Kozel v. Ostendorf, and its final judgment reflects this consideration. The record supports the trial court's decision, indicating no abuse of discretion occurred. Chief Judge Shahood and Judge Farmer concur with the affirmation of the trial court's ruling.