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TUBERO v. CHAPNICH

No. 88-1187.

552 So.2d 932 (1989)

Moshe TUBERO, Appellant, v. David I. CHAPNICH, D/B/a Florida Financial Service Group, et al., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied December 13, 1989.

Attorney(s) appearing for the Case

Thomas J. O'Grady, Boca Raton, for appellant.

Robert S. Hackleman and Connis O. Brown, III of McCune, Hiaasen, Crum, Ferris & Gardner, P.A., Fort Lauderdale, for appellee-Com. Sav. and Loan.

Rehearing and Rehearing En Banc Denied December 13, 1989.

WARNER, Judge.

The appellant complains that the trial court erred in dismissing his complaint as a sanction for failure to respond to discovery. Because the trial court made no express written finding that appellant's failure was willful or deliberate, we agree and reverse.

Appellant filed his complaint in November of 1987. On January 21, 1988, appellee...

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