BERNAAD v. HINTZ

No. 88-0623.

530 So.2d 1055 (1988)

Gilles BERNAAD and Michel Bernaad, Appellants, v. Katherine HINTZ, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied October 4, 1988.


Attorney(s) appearing for the Case

Esther E. Galicia of George, Hartz & Ludeen, Miami, for appellants.

Joseph P. Klapholz of Illovitch & Manella, P.A., Hollywood, for appellee.


Rehearing and Rehearing En Banc Denied October 4, 1988.

GUNTHER, Judge.

We reverse the order striking appellants' pleadings and the default subsequently entered against them. The trial court abused its discretion in imposing such sanctions without holding a noticed hearing. The court also failed to make the requisite finding that the appellants' conduct demonstrated a deliberate and contumacious disregard of the court's authority or evidenced a willful failure...

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