Horace Mann Insurance Co. v. Chase, 35 Fla. L. Wkly D2599 (Fla. 1st DCA Nov. 20, 2010) (Case No. 1D09-5572)

The trial court’s imposition of sanctions for “failure to participate” in discovery was overturned as the court imposed sanctions under Rule 1.380 (2008) without entering a motion to compel.  The trial court also entered sanctions pursuant to the Court’s “inherent powers.”  However, this too was improper as the trial court’s order did not comport with the requirements of Moakley v. Smallwood, 826 So.2d 221, 223-27 (Fla. 2002).

The First DCA also suggests that sanctions may have been properly sought pursuant to 57.105(3), Fla. Stat. (2008), had the movant timely brought an appropriate motion.