Anthony Crane Rental of Florida, Inc. v. Cawein

District Court of Appeal of Florida

Anthony Crane Rental of Florida, Inc. v. Cawein

601 So. 2d 645, 1992 Fla. App. LEXIS 8619, 1992 WL 175516

District Court of Appeal of Florida·Decided July 29, 1992·No. No. 92-1321·Published

Opinion

PER CURIAM.

Anthony Crane Rental of Florida, Inc. (ACR) appeals the trial court’s order of default. We agree with ACR’s assertion that the trial court erred in striking ACR’s pleadings and in ordering a default as a sanction without finding that ACR had willfully violated a court discovery order. Commonwealth Fed. Sav. & Loan v. Tubero, 569 So.2d 1271, 1273 (Fla.1990). Accordingly, we reverse the order appealed. In addition, we dismiss the cross appeal because Stephanie Cawein failed to file a proper cross appeal. Fla.R.App.P. 9.110(g); Guerra v. State, 546 So.2d 133, 134 (Fla. 4th DCA 1989).

REVERSED AND REMANDED.

DELL, GUNTHER and FARMER, JJ., concur.

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PER CURIAM.

Anthony Crane Rental of Florida, Inc. (ACR) appeals the trial court’s order of default. We agree with ACR’s assertion that the trial court erred in striking ACR’s pleadings and in ordering a default as a sanction without finding that ACR had willfully violated a court discovery order. Commonwealth Fed. Sav. & Loan v. Tubero, 569 So.2d 1271, 1273 (Fla.1990). Accordingly, we reverse the order appealed. In addition, we dismiss the cross appeal because Stephanie Cawein failed to file a proper cross appeal. Fla.R.App.P. 9.110(g); Guerra v. State, 546 So.2d 133, 134 (Fla. 4th DCA 1989).

REVERSED AND REMANDED.

DELL, GUNTHER and FARMER, JJ., concur.

Anthony Crane Rental of Florida, Inc. v. Cawein, 601 So. 2d 645, 1992 Fla. App. LEXIS 8619, 1992 WL 175516 (Fla. Ct. App. 1992).

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Opinion

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