COLE v. BAYLEY PRODUCTS, INC.

No. 95-0343.

661 So.2d 1299 (1995)

Christopher C. COLE, Appellant, v. BAYLEY PRODUCTS, INC., a Michigan corporation, qualified to do business in the State of Florida, d/b/a Sailfish Marina, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion filed November 1, 1995.


Attorney(s) appearing for the Case

Marc B. Cohen of Grazi, Gianino & Cohen, P.A., Stuart, for appellant.

Jane L. Cornett of Wackeen, Cornett & Googe, P.A., Stuart, for appellee.


KLEIN, Judge.

The trial court, because of repeated discovery violations, struck defendant's affirmative defenses, as well as his counterclaim, and entered a default judgment on liability in favor of plaintiff. We reverse the default judgment on liability, because we conclude that this remedy is too harsh in light of the derelictions, which were all attributable to defendant's lawyer. We have no jurisdiction on this non-final appeal to review the order striking defendant...

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