Techno Indus. Corp. v. Cooper Indus., Inc.

Feb 23, 1982
81-278
Versions:410 So. 2d 584

PER CURIAM.

The trial judge struck the defendants’ pleadings and entered a default judgment against them because counsel filed a second motion to dismiss eleven days, rather than an answer ten days subsequent to an agreed order which so required.1 This was much too harsh a sanction for the minor dereliction involved and thus constituted a plain abuse of discretion. Maqueira v. Almas, 409 So.2d 199 (Fla. 3d DCA 1982); Beaver Crane Service, Inc. v. National Surety Corp., 373 So.2d 88 (Fla. 3d DCA 1979). Accordingly, the judgment under review is

Reversed.

Notes

1
An answer was in fact filed, after the default had been entered, twelve days after the agreed order.