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BIRD v. HARDRIVES OF DELRAY, INC.

No. 93-0005.

644 So.2d 89 (1994)

Edwin BIRD, Judith Bird, and Sarah Lee Bird, a Minor, Appellants, v. HARDRIVES OF DELRAY, INC., and Constantino Gonzalez, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied November 15, 1994.

Attorney(s) appearing for the Case

Lynn G. Waxman of Lynn G. Waxman, P.A., West Palm Beach, and Ronald N. Dubner, Boca Raton, for appellants.

Joseph S. Kashi of Sperry, Shapiro & Kashi, P.A., and David F. Cooney of Cooney, Haliczer, Mattson, Lance, Blackburn, Pettis & Richards, P.A., Fort Lauderdale, for appellees.

Rehearing and Rehearing En Banc Denied November 15, 1994.

PER CURIAM.

We reverse a final judgment for Defendants entered after the trial court, midway through Plaintiffs' case, announced, sua sponte, that the court was striking the complaint and dismissing the action.

The court, upon concluding that Edward Bird was committing perjury,1 and perpetrating a "sham, a fraud, and outright criminal conduct," summarily terminated...

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