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MEADOWBROOK HEALTH CARE SERVICES v. ACOSTA

Nos. 93-422, 93-562.

617 So.2d 1104 (1993)

MEADOWBROOK HEALTH CARE SERVICES OF FLORIDA, INC. d/b/a Meadowbrook Manor and Angell Care Incorporated d/b/a Meadowbrook Manor of North Miami, Petitioner/Appellant, v. Magdalena ACOSTA, Respondent/Appellee.

District Court of Appeal of Florida, Third District.

May 4, 1993.

Attorney(s) appearing for the Case

Conroy, Simberg & Lewis and Hinda Klein, Hollywood, for petitioner, appellant.

Floyd, Pearson, Richman, Greer Weil, Brumbaugh & Russomanno and Robert J. Borrello, Miami, for respondent, appellee.

Before BARKDULL, FERGUSON and LEVY, JJ.

PER CURIAM.

The court's sanction of striking the defendant's pleadings and entering a default judgment on liability is reversed as clearly excessive and disproportionate to Meadowbrook's act of failing to comply with a discovery order while a motion for rehearing concerning the propriety of that order was still pending in this court. Wainscott v. Rindley, 610 So.2d 649 (Fla. 3d DCA 1992); J.E.I. Airlines, Inc. v. Britton...

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