Garlock, Inc. v. Coons

District Court of Appeal of Florida

Garlock, Inc. v. Coons

664 So. 2d 20, 1995 Fla. App. LEXIS 11986, 1995 WL 676062

CourtDistrict Court of Appeal of Florida

DecidedNovember 15, 1995

DocketNo. 95-37

StatusPublished

This text of 664 So. 2d 20 (Garlock, Inc. v. Coons) 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.

Bluebook

Garlock, Inc. v. Coons, 664 So. 2d 20, 1995 Fla. App. LEXIS 11986, 1995 WL 676062 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Because it is clear on this record that the order striking the defendant Garlock, Inc.’s pleadings was entered below at a time when the instant case was not set for trial and thus the plaintiffs’ case was not prejudiced by the late-filed answers to interrogatories, we conclude that the trial court committed reversible error in entering such order based on the controlling authority of Garlock, Inc. v. Harriman, 665 So.2d 1116 (Fla. 3d DCA 1996). We, accordingly, reverse the final judgment under review and remand the cause to the trial court with directions to reinstate the defendant’s pleadings and to conduct a new trial.

Reversed and remanded.

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PER CURIAM.

Because it is clear on this record that the order striking the defendant Garlock, Inc.’s pleadings was entered below at a time when the instant case was not set for trial and thus the plaintiffs’ case was not prejudiced by the late-filed answers to interrogatories, we conclude that the trial court committed reversible error in entering such order based on the controlling authority of Garlock, Inc. v. Harriman, 665 So.2d 1116 (Fla. 3d DCA 1996). We, accordingly, reverse the final judgment under review and remand the cause to the trial court with directions to reinstate the defendant’s pleadings and to conduct a new trial.

Reversed and remanded.

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664 So. 2d 20, 1995 Fla. App. LEXIS 11986, 1995 WL 676062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garlock-inc-v-coons-fladistctapp-1995.

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