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PAN AM. BANK OF DADE CTY., N.A. v. JOSEPH

No. 88-2483.

548 So.2d 677 (1989)

PAN AMERICAN BANK OF DADE COUNTY, N.A., Appellant, v. Maury JOSEPH and Lorna Joseph, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 9, 1989.

Attorney(s) appearing for the Case

Terrence S. Schwartz, Miami, for appellant.

Maury Joseph, in pro. per.

Lance Joseph, Miami, for Lorna Joseph.

Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.

PER CURIAM.

Even assuming the highly dubious proposition that the appellant was in violation of a discovery order below, the trial court grossly abused its discretion in dismissing the action on that basis. See Summit Chase Condominium Ass'n v. Protean Investors, Inc., 421 So.2d 562 (Fla. 3d DCA 1982).

Accordingly, the judgment under review is reversed and the cause remanded for an expeditious trial.

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