# Gersten v. Canvassing Board of Dade County

> District Court of Appeal of Florida · January 11, 1995 · 775 So. 2d 306

URL: https://www.frixlaw.com/law-library/cases/7737864

## Case

- **Full name:** Joe GERSTEN v. The CANVASSING BOARD OF DADE COUNTY, Florida, Bruce Kaplan, and Conchy Bretos
- **Court:** District Court of Appeal of Florida
- **Decided:** January 11, 1995
- **Citations:** 775 So. 2d 306; 1995 Fla. App. LEXIS 98; 1995 WL 7656
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Barbara, Farmer, Gary, Mark, Pariente, Polen
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7737864

## Opinion text

PER CURIAM.
Joe Gersten appeals the dismissal with prejudice of his civil action, which challenges the outcome of an election for a Dade County Commission seat won by appellee Bruce Kaplan. The dismissal was imposed as a sanction for appellant’s failure to answer interrogatories, even after a 45-day period of extension sought by appellant, a subsequent order requiring the answers to be filed “forthwith,” and a motion to impose sanctions for failure to comply. The trial court found appellant’s failure to answer the interrogatories to be willful. We affirm on authority of Commonwealth Federal Savings and Loan v. Tubero, 569 So.2d 1271 (Fla.1990), and Mercer v. Raine, 443 So.2d 944 (Fla.1983).
POLEN, MARK E., FARMER, GARY M. and PARIENTE, BARBARA J., Associate Judges, concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7737864. Public record. Not legal advice.