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TECHNO INDUS. CORP. v. COOPER INDUS., INC.

No. 81-278.

410 So.2d 584 (1982)

TECHNO INDUSTRIAL CORPORATION, Gil Lozano and Leonor Arango, Appellants, v. COOPER INDUSTRIES, INC., d/b/A Cooper Airmotive, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 23, 1982.

Attorney(s) appearing for the Case

McCormick, Bedford & Backmeyer and Gerald L. Bedford, Leonardo P. Mendez, Miami, for appellants.

High, Stack, Lazenby, Bender, Palahach & Lacasa and R. Scott Boundy, Coral Gables, for appellee.

Before HENDRY, SCHWARTZ and BASKIN, JJ.

PER CURIAM.

The trial judge struck the defendants' pleadings and entered a default judgment against them because counsel filed a second motion to dismiss eleven days, rather than an answer ten days subsequent to an agreed order which so required.1 This was much too harsh a sanction for the minor dereliction involved and thus constituted a plain abuse of discretion. Maqueira v. Almas, 409 So.2d 199

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