GALLO v. ESSER

No. 81-658.

407 So.2d 1062 (1981)

Joseph P. GALLO and Five Hundred N. Atlantic, Inc., Appellants, v. Rodney ESSER and Strout Realty, Inc., Appellees.

District Court of Appeal of Florida, Fifth District.

December 30, 1981.


Attorney(s) appearing for the Case

John R. Godbee, Jr., of Coble, McKinnon, Rothert, Bohner, Barkin & Godbee, P.A., Daytona Beach, for appellants.

William E. Loucks of Fink, Loucks & Sweet, Daytona Beach, for appellee Esser.

No appearance for appellee Strout Realty, Inc.


ORFINGER, Judge.

In this interpleader action, and pursuant to Florida Rule of Civil Procedure 1.420(b), the trial court dismissed appellant's amended cross-claim and counterclaim, for willful failure to comply with a previous order of the court. Appellant's answer to appellee's cross-claim was not affected. Since both appellant and appellee are the defendants in this interpleader action, and one or the other of them will prevail, the dismissal of appellant's cross...

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