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OWENS v. HOWARD

No. 94-02669.

662 So.2d 1325 (1995)

Donald W. OWENS and Ruth M. Owens, Appellants, v. William M. HOWARD, Appellee.

District Court of Appeal of Florida, Second District.

November 3, 1995.

Attorney(s) appearing for the Case

Thomas C. Saunders of Frost & O'Toole, P.A., Bartow, for Appellants.

Judith J. Flanders and Thomas L. Clarke, Jr., of Lane, Trohn, Clarke, Bertrand, Vreeland & Jacobsen, P.A., Lakeland, for Appellee.

PARKER, Acting Chief Judge.

Donald W. Owens and Ruth M. Owens appeal the trial court's order which entered a default judgment against Donald W. Owens on the issue of liability as to matters raised in the Amended Complaint and struck the counterclaim of Donald W. Owens as a sanction. We reverse, concluding that this was too severe of a sanction under the circumstances of this case.

Howard filed a complaint against Owens for breach of contract and civil theft...

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