Brown v. School Board of Palm Beach County

855 So. 2d 1267 (2003)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Brown v. School Board of Palm Beach County

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

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 733,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 733,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 733,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership