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

CourtDistrict Court of Appeal of Florida

DecidedJuly 29, 1992

DocketNo. 92-1321

StatusPublished

This text of 601 So. 2d 645 (Anthony Crane Rental of Florida, Inc. v. Cawein) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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

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.

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601 So. 2d 645, 1992 Fla. App. LEXIS 8619, 1992 WL 175516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-crane-rental-of-florida-inc-v-cawein-fladistctapp-1992.

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