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GARLOCK, INC. v. COONS

No. 95-37.

664 So.2d 20 (1995)

GARLOCK, INC., Appellant, v. Carl COONS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 20, 1995.

Attorney(s) appearing for the Case

Rumberger, Kirk & Caldwell and M. Stephen Smith and Mary W. Chaisson and George N. Meros, Jr., Tallahassee, for appellant.

No appearance for appellee.

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.

PER CURIAM.

Because it is clear on this record that the order striking the defendant Garlock, Inc.'s pleadings was entered below at a time when the instant case was not set for trial and thus the plaintiffs' case was not prejudiced by the late-filed answers to interrogatories, we conclude that the trial court committed reversible error in entering such order based on the controlling authority of Garlock, Inc. v. Harriman, ___ So.2d ___ (Fla. 3d DCA 1995) (case...

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