Florida District Courts of Appeal, 1997

Stern v. Stein

Florida District Courts of Appeal · Decided June 4, 1997 · Dell, Gross, Pariente

694 So. 2d 851; 1997 Fla. App. LEXIS 6148; 1997 WL 292670 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Stern v. Stein (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PARIENTE, Judge.

Plaintiff appeals an order striking his pleadings for discovery violations. We reverse the order striking the pleadings and vacate the subsequently-entered final judgment. The trial court abused its discretion in striking plaintiffs pleadings when the time provided for compliance with discovery, based on a prior court order of a predecessor judge, had not yet expired.

In reversing, we specifically reject plaintiffs argument that the trial court’s comments required its recusal.

DELL and GROSS, JJ., concur.

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