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SCHEMER v. PECK

No. 80-2182.

405 So.2d 1033 (1981)

Gwenn SCHEMER and Michael Schemer, Appellants, v. Sydney PECK, M.D., and Peck & Glazer, P.A., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 10, 1981.

Attorney(s) appearing for the Case

Sharon L. Wolfe, Joan M. Bolotin, Marc Cooper and Robyn Greene of Greene & Cooper, P.A., and Arturo Alvarez of Alvarez & Gamba, P.A., Miami, for appellants.

Frederick E. Hasty, III, of Thornton & Herndon, Miami, for appellees.

BERANEK, Judge.

Plaintiff appeals a final dismissal with prejudice of her complaint for failure to comply with a discovery order. We reverse. The facts are not disputed. An agreed order was entered in this medical malpractice case on June 9, 1980, giving plaintiff twenty (20) days to respond to certain interrogatories and a request for production. Plaintiff did not respond and defense counsel filed a motion to dismiss for failure to comply with the order. There was...

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