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YANKS v. AMERIFIRST BANK

No. 90-760.

569 So.2d 496 (1990)

Jack YANKS and Ruth Yanks, His Wife, and Universal Property Management Corp., Appellants, v. AMERIFIRST BANK, a Federal Savings Bank, and Michael Levinson, Jointly, Severally and Individually, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 3, 1990.

Attorney(s) appearing for the Case

Charles L. Neustein, Miami Beach, for appellants.

Blackwell & Walker, and Daniel J. Kissane, Miami, for appellee Amerifirst.

Ponzoli & Wassenberg, and Ronald P. Ponzoli, Miami, for appellee Michael Levinson.

Before BARKDULL, LEVY and GERSTEN, JJ.

PER CURIAM.

Appellants, Jack Yanks, Ruth Yanks, and Universal Property Management Corp., appeal a trial court order dismissing their complaint with prejudice for violation of discovery orders. The record reveals that appellants were tardy in complying with two trial court orders compelling discovery. We conclude the trial court abused its discretion in dismissing the complaint on such ground where appellees, Amerifirst Bank and Michael Levinson, failed to demonstrate...

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