GARCIA FLEET CORP., LTD. v. MARTINEZ

No. 85-1739.

483 So.2d 502 (1986)

GARCIA FLEET CORPORATION, LTD., Rene Garcia, and Nicolas Garcia, Appellants, v. Luis MARTINEZ, Appellee.

District Court of Appeal of Florida, Third District.

February 18, 1986.


Attorney(s) appearing for the Case

Robert W. Shaughnessy, Perrine, for appellants.

Renier Cruz, Miami and Roberto Villasante, Gainesville, for appellee.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.


PER CURIAM.

We agree with the appellants that the trial court erred in imposing the extreme sanctions of striking their pleadings and entering a default and, subsequently, entering an order freezing their assets for failure to make discovery. It is undisputed on this record that, when the trial court granted the appellants' motion for protective order, Rene and Nicolas Garcia were on the high seas and unavailable to be renoticed...

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