ANDERSON v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

No. AQ-59.

434 So.2d 43 (1983)

David M. ANDERSON and Jo an B. Anderson, Appellants, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellee.

District Court of Appeal of Florida, First District.

July 8, 1983.


Attorney(s) appearing for the Case

Thomas M. Ervin, Jr., of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, and Paul G. Wright, of Anderson & Wright, P.A., Gainesville, for appellants.

Curtin R. Coleman of Coleman, Leonard & Morrison, Fort Lauderdale, for appellee.


SHIVERS, Judge.

This is an interlocutory appeal from an order striking appellants' answer and counterclaim as sanctions for failing to comply with orders of the trial court compelling discovery.

The striking of pleadings or the entering of a default judgment for noncompliance with an order compelling discovery is the most severe of all sanctions and should be employed only in extreme circumstances such as where a party acts in deliberate and contumacious disregard...

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