KELLEY v. SCHMIDT

No. 91-2256.

613 So.2d 918 (1993)

Jerry Jack KELLEY, Edward Norman Mathewson, Henry John Zpaitz, and Richard Edward Berard, Appellants, v. Willie SCHMIDT, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 5, 1993.


Attorney(s) appearing for the Case

Mark Ellis Solomon, Orlando, for appellants.

James P. Kelaher and Neva M. Kelaher of Kelaher & Wieland, P.A., Orlando, for appellee.


MUSLEH, V.J., Associate Judge.

Appellants seek reversal of the trial court's order striking their pleadings and entering a default judgment in favor of appellee (including treble damages) on appellee's counterclaim for civil theft. Appellants argue that such action by the trial court was an abuse of discretion. This court agrees with appellants.

This case arose as a dispute between the five members of a lottery pool. When the pool purchased a winning "Fantasy...

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