Southern Cross Yachts International Tnc., and Arthur Cook, appeal from a final judgment in favor of Custom Marine Distributing Inc., and Marine Yacht Specialties, Inc. The final judgment was rendered against the appellants as a result of their answer being stricken as a sanction for discovery misconduct. We reverse.
Pursuant to Florida Rule of Civil Procedure 1.380, the striking of a party’s pleadings as a sanction for discovery misconduct is authorized. “The striking of pleadings, though, is ‘the most severe of penalties and must be employed only in extreme circumstances.’ ”
Fisher v. Prof'l Adver. Dirs. Co., Inc.,
The striking of a party’s pleadings is justified only where there is “ ‘a deliberate and contumacious disregard of the court’s authority.’ ” Barnett v. Barnett,718 So.2d 302 , 304 (Fla. 2d DCA 1998) (quoting Mercer,443 So.2d at 946 ). In assessing whether the striking of a party’s pleadings is warranted, courts are to look to the following factors:1) whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whether the client was personally involved in the act of disobedience; 4) whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; 5) whether the attorney offered reasonable justification for the noncompliance; and 6) whether the delay created significant problems of judicial administration.
Kozel v. Ostendorf,629 So.2d 817 , 818 (Fla.1993). The emphasis should be on the prejudice suffered by the opposing party. See Ham v. Dunmire,891 So.2d 492 , 502 (Fla.2004); [citation omitted]. After considering these factors, if a sanction less severe than the striking of a party’s pleadings is “a viable alternative,” then the trial coiut should utilize such alternatives. Kozel,629 So.2d at 818 . “The purpose of the Florida Rules of Civil Procedure is to encourage the orderly movement of litigation” and “[t]his purpose usually can be accomplished by the imposition of a sanction that is less harsh than dismissal” or the striking of a party’s pleadings. Id.
Fisher,
There is nothing in the trial court’s order to indicate these factors were considered. Therefore, the failure to make the required findings in the order requires reversal.
See Bank One, N.A. v. Harrod,
Reversed and Remanded with Directions.
