SMITH V. FRAGA

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 SMITH TERMINAL WAREHOUSE COMPANY, et al., ** ** Appellants, CASE NO. 01-1620 ** vs. ** LOWER TRIBUNAL NO. 99-27457 LAZARO F. FRAGA, Appellee. ** Opinion filed December 26, 2001. An Appeal Levenson, Judge. from the O'Connor, Chimpoulis, Cassetty, for appellants. Circuit Court Restani, for Marrero Dade & County, McAllister Barbara and S. David Mark J. Feldman, for appellee. Before JORGENSON, LEVY, and SHEVIN, JJ. PER CURIAM. The defendants below appeal from a final judgment entered for the plaintiff, an order denying their motion for a directed verdict, and an order denying their motion for a new trial. We find no merit in the defendants' arguments and affirm. See In re Estate of Brandt, 613 So. 2d 1365 (Fla. disregard of the 1st DCA 1993)("'Only court's authority, gross indifference to an order of deliberate violation callousness of will discovery a bad the justify procedures.'" deliberate faith, court, a willful or conduct dismissal (quoting and of U.S.B. contumacious disregard which or evinces pleadings for a Acquisition Co. v. U.S. Block Corp., 564 So. 2d 221, 222 (Fla. 4th DCA))). See also Medina v. Peralta, 26 Fla. L. Weekly D2636 (Fla. 3d directed verdict absence of viewing the facts is proper or evidence only inferences in a when from light the facts most DCA record to Nov. 7, 2001) conclusively support favorable to a jury the ("'A shows an verdict, nonmoving party.'" (quoting Sears, Roebuck & Co. v. McKenzie, 502 So. 2d 940, 941 (Fla. 3d DCA 1987))). AFFIRMED. -2-

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