Florida Rule of Civil Procedure 1.200(a) describes the timing and manner in which the court and parties to a civil action may convene a case management conference. The rule provides in relevant part that “[a]t any time after responsive pleadings or motions are due, the court may order, or a party, by serving a notice, may convene, a case management conference. The matter to be considered shall be specified in the order or notice setting the conference …” Rule 1.200(c) provides that if a party fails to attend a properly noticed case management conference, “the court may dismiss the action, strike the pleadings, limit proof or witnesses, or take any other appropriate action.” A recent opinion issued by the Fourth District Court of Appeal addressed when it is appropriate for a court to enter default judgment due to a party’s failure to attend the case management conference.
In Giemme USA, LLC, et al., v. La Sala Group, Inc., No. 4D11-2508 (Fla. 4th DCA July 25, 2012), the trial court entered an order striking the defendants’ pleadings and granting default judgment for $736,100.59. The court’s order was the result of the defendants’ failure to appear at a case management conference. Opinion at *1. The defendants moved to set aside the order, arguing that they did not receive proper notice of the case management conference and that the order did not contain the findings of the court in support of striking the pleadings and entry of default. The trial court denied the defendants’ motion. Opinion at *2.
The Fourth District Court of Appeal in Giemme, in reversing the trial court, found that the record before it lacked “the extreme misconduct by the defendants nor the express findings of a trial court required to support the severe relief granted as a result of the defendants’ non-attendance at the case management conference.” Opinion at *2. Before a court can enter a default judgment under rule 1.200(c), it must first find “that the parties conduct was willful and contumacious” Id. citing Zeigler v. Huston, 626 So. 2d 1046, 1047 (Fla. 4th DCA 1992)(further citations omitted). Furthermore, the trial court must also make this finding in the order granting default. Id., citing Townsend v. Feinberg, 659 So. 2d 1218, 1219 (Fla. 4th DCA 1995). When entering the order for default, the trial court must find that the conduct which forms the basis for the order rose to the level of “willfulness or deliberate disregard.” Id. citing Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So. 2d 1271, 1273 (Fla. 1990).
In Giemme, the Fourth DCA found that the trial court’s order did not include the requisite findings that are necessary for a court to either strike pleadings or enter a default judgment. Opinion at *2. Without these findings by the lower court, the Giemme court found it appropriate to reverse and remand with instructions to vacate the final judgment and default. Id.