ATALA v. KOPELOWITZ

No. 95-1756.

664 So.2d 1156 (1995)

Taleb ATALA, Artistic Dyeing and Printing, Inc., National Print and Dye Works, Inc., and Galloway Textiles, Appellants, v. Joseph KOPELOWITZ, Appellee.

District Court of Appeal of Florida, Third District.

December 20, 1995.


Attorney(s) appearing for the Case

Merrill & Pollack and Gary W. Pollack, Coral Gables, for appellants.

Curtis & Curtis and Bruce Botsford, Ft. Lauderdale, for appellee.

Before BARKDULL, LEVY and GREEN, JJ.


PER CURIAM.

We find error in a trial court order striking the defendants' pleadings, and entry of a default against the defendants, as a sanction for failure to make properly noticed discovery, or to acquire new counsel within a time certain ordered by the court, because the trial court failed by order to properly notify the defendants of the consequences of the failure to do the above referred to particular acts. Under the circumstances, the ultimate sanction of...

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