VENUS LABORATORIES, INC., ETC., ET AL., APPELLANTS,
v.
FRED KATZ AND ADELE KATZ, HIS WIFE, APPELLEES

Fla. 3d DCA | 1990-02-06
No. 89-1783
Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.
557 So. 2d 110 Florida District Court of Appeal, Third District (1990) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendants’ failure twice to satisfactorily answer the plaintiffs’ interrogatories did not justify striking their pleadings and entering a default against them. See Summit Chase Condominium Ass’n v. Protean Investors, Inc., 421 So. 2d 562 (Fla. 3d DCA 1982). Accordingly, the orders under review are reversed without prejudice to consideration of any appropriate lesser sanction.


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  • NEW Hampshire Ins. Co., Inc. v. Royal Ins. Co., 559 So. 2d 102 (Fla. 4th DCA 1990)
    …er than the party as a "failure to respond” sufficient to justify a dismissal. At most, it renders the answers incomplete and would not justify an order of default without a further attempt at compliance. Cf. [*103] Venus Laboratories, Inc. v. Katz, 557 So. 2d 110 (Fla. 3d DCA 1990); Summit Chase Condominium Ass'n, Inc. v. Protean Investors, Inc., 421 So. 2d 562 (Fla. 3d DCA 1982).…

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