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SMITH v. SPITALE

No. 95-01307.

675 So.2d 207 (1996)

Charles H. SMITH, Appellant, v. Raymond SPITALE and Carole Spitale, Appellee.

District Court of Appeal of Florida, Second District.

June 5, 1996.

Attorney(s) appearing for the Case

Douglas R. Bald of Fergeson, Skipper, Shaw, Keyser, Baron & Tirabassi, P.A., Sarasota, for Appellant.

Alan E. Tannenbaum of Levin and Tannenbaum, P.A., Sarasota, for Appellees.

PER CURIAM.

In this case, we conclude that the trial court abused its discretion by dismissing one co-plaintiff's claim as a sanction for the other co-plaintiff's violation of a discovery order.

Charles and Carol Smith purchased a residence from Raymond and Carole Spitale. As a result of discovering what they believed to be numerous defects, the Smiths sued the Spitales claiming damages for breach of contract, breach of implied warranty and failure to disclose...

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