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MODELO CAFETERIA, INC. v. JOFFRE

No. 80-2249.

405 So.2d 489 (1981)

MODELO CAFETERIA, INC., D/B/a Ei Modelo Restaurant and Kent Insurance Company, Appellants, v. Evelia JOFFRE, Appellee.

District Court of Appeal of Florida, Third District.

November 3, 1981.

Attorney(s) appearing for the Case

Walton, Lantaff, Schroeder & Carson and George W. Chesrow, Miami, for appellants.

Magill, Reid, Kuvin & Lewis and R. Fred Lewis, Miami, for appellee.

Before HENDRY, NESBITT and JORGENSON, JJ.

PER CURIAM.

The judgment appealed from is reversed and remanded for a new trial on authority of Binger v. King Pest Control, 401 So.2d 1310 (Fla. 1981).

Reversed and remanded.

JORGENSON, Judge (concurring specially).

I cannot agree that the trial Judge abused his discretion by enforcing the terms of a pre-trial order with strict compliance provisions.

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