Brown v. School Board of Palm Beach County

855 So. 2d 1267 (2003)

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Brown v. School Board of Palm Beach County

Florida District Court of Appeal
855 So. 2d 1267 (2003)

  • Written by Liz Nakamura, JD

Facts

The School Board of Palm Beach County (school board) (defendant) filed a breach-of-contract action against D’s and D’s Transport Equipment, Inc. (DDTE). DDTE was represented in the action by Michael Brown (plaintiff), and the school board was represented by Brett Horowitz. The school board noticed a deposition, but neither DDTE nor Brown appeared for the scheduled deposition. The school board then filed a motion for sanctions against Brown. At a hearing on the sanctions motion, both Brown and Horowitz presented unsworn testimony regarding what occurred on the day of the missed deposition. Neither Brown nor Horowitz objected to the introduction of the other’s unsworn testimony. Brown and Horowitz did not enter into a stipulation as to the facts. The trial court sanctioned Brown, basing its decision entirely on the unsworn testimony presented at the hearing. Brown appealed, arguing that, absent a stipulation as to the facts, a trial court could not base its factual findings on unsworn testimony.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Concurrence (Gross, J.)

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