GILLETT v. CALLAWAY

No. 73-231.

289 So.2d 36 (1974)

David GILLETT, Individually, and D/B/a Gillett Rentals, Inc., Appellant, v. Charles CALLAWAY, Appellee.

District Court of Appeal of Florida, Fourth District.

January 31, 1974.


Attorney(s) appearing for the Case

Patrick W.E. Gillen, Jr. and James P. O'Flarity of Law Offices of James P. O'Flarity, Ft. Lauderdale, for appellant.

Herman M. Klemick, III, Coral Gables, George P. Telepas, and Preddy, Haddad & Hardy, Miami, for appellee.


OWEN, Chief Judge.

In a civil action for damages the plaintiff's complaint was dismissed with prejudice as a sanction under Rule 1.380, RCP, 30 F.S.A., for failure to comply with certain orders relating to discovery. His timely motion to vacate was granted. It is the latter order which defendant now appeals.

Despite appellant's contention that the motion to vacate, if proper at all, could be brought under no rule other than 1.530, RCP, 31 F.S.A., it is apparent...

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