SEAROCK v. STRIPLING

No. 82-6104.

736 F.2d 650 (1984)

SEAROCK, d/b/a Allied Marine, Plaintiff-Appellee, v. Greg STRIPLING, Counter-Claimant-Appellant, AMF INC., d/b/a Hatteras Yachts and Aetna Insurance Co., Third-Party Defendants.

United States Court of Appeals, Eleventh Circuit.

July 17, 1984.


Attorney(s) appearing for the Case

Thomas D. Lardin, Weaver, Weaver & Lardin, P.A., Fort Lauderdale, Fla., for Stripling.

Smathers & Thompson, Miami, Fla., Rodney Earl Walton, Fitzgerald, Taylor & Zwicky, or Ronald Fitzgerald, Susan Powell Sistare, Fort Lauderdale, Fla., for plaintiff-appellee.

Before GODBOLD, Chief Judge, and JOHNSON and CLARK, Circuit Judges.


JOHNSON, Circuit Judge:

This appeal presents the single issue of whether the district court abused its discretion in dismissing appellant Stripling's counterclaim as a sanction under Fed.R.Civ.P. 37(b)(2) for failure to comply with a discovery order.1 Holding that it did, we reverse and remand this case for reinstatement of Stripling's counterclaim.

This lawsuit was commenced by Allied Marine to recover payment for work done on...

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