TECHNO INDUSTRIAL CORPORATION, GIL LOZANO AND LEONOR ARANGO, APPELLANTS,
v.
COOPER INDUSTRIES, INC., D/B/A COOPER AIRMOTIVE, APPELLEE
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 DC A 1982); Beaver Crane Service, Inc. v. National Surety Corp., 373 So. 2d 88 (Fla. 3d DCA 1979). Accordingly, the judgment under review is
Reversed.
. An answer was in fact filed, after the default had been entered, twelve days after the agreed order.
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Summit Chase Condo. Ass'n, Inc. v. Protean Invs., Inc., 421 So. 2d 562 (Fla. 3d DCA 1982)…ourt, was unwarranted and a plain abuse of discretion. . E.g., Robinson v. Allstate Ins. Co., 417 So. 2d 778 (Fla. 3d DCA 1982); Herrell v. Allis-Chalmers Corp., 411 So. 2d 306 (Fla. 3d DCA 1982); Techno Industrial Corp. v. Cooper Industries, Inc., 410 So. 2d 584 (Fla. 3d DCA 1982); Maqueira v. Almas, 409 So. 2d 199 (Fla. 3d DCA 1982); Santuoso v. McGrath & Associates, Inc., 385 So. 2d 112 (Fla. 3d DCA 1980); Zayres Department Stores v. Fingerhut, 383 So. 2d 262 (Fla. 3d DCA 1980); Beaver Crane Service, Inc.…
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Osheroff v. Osheroff, 694 So. 2d 855 (Fla. 3d DCA 1997)…ng of a “responsive pleading.” See Fla. R. Civ. P. 1.100(a) (defining “pleadings”). “This was much too harsh a sanction for the minor dereliction involved and thus constituted a plain abuse of discretion.” Techno Indus. Corp. v. Cooper Indus., Inc., 410 So. 2d 584, 584 (Fla. 3d DCA 1982) (citations omitted); see also Joseph v. Marese, 534 So. 2d 920, 921 (Fla. 3d DCA 1988); Thaw, Gopman & Assocs., P.A v. Jack J. Greenberg, M.D. & Assocs., PA, 595 So. 2d 305 (Fla. 3d DCA 1992). Accordingly the final judgment a…
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Joseph v. Marese, 534 So. 2d 920 (Fla. 3d DCA 1988)…ion in entering the default and striking the Josephs’ pleadings. The Josephs’ response to count three by way of a motion to dismiss instead of an answer was a minor dereliction of the agreed order. See Techno Industrial Corp. v. Cooper Indus., Inc., 410 So. 2d 584 (Fla.3d DCA 1982) (where defendant filed second motion to dismiss instead of answer after entry of an agreed order requiring answer, default judgment and striking of defendant’s pleadings too harsh a sanction and an abuse of discretion). Reversed…
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- Cummings v. S.C. Ins. Co., 373 So. 2d 88 (Fla. 3d DCA 1979)
- Gine v. Hobbs, 409 So. 2d 199 (Fla. 3d DCA 1982)
- Justo Maqueira v. Almas, 409 So. 2d 199 (Fla. 3d DCA 1982)