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OSHEROFF v. OSHEROFF

No. 96-3535.

694 So.2d 855 (1997)

Marc A. OSHEROFF, Appellant, v. Leonard OSHEROFF, Appellee.

District Court of Appeal of Florida, Third District.

June 4, 1997.

Attorney(s) appearing for the Case

Tew & Beasley and Steven M. Katzman and Charles S. Marion, West Palm Beach, for appellant.

Harry A. Payton and Greg Tung Nguyen, for appellee.

Before COPE and GREEN, JJ., and BARKDULL, Senior Judge.

PER CURIAM.

We reverse the order entering default and default judgment against the defendant-appellant as a sanction because counsel filed a motion to dismiss instead of an answer pursuant to an agreed order requiring the filing of a "responsive pleading." See Fla. R. Civ. P. 1.100(a) (defining "pleadings"). "This was much too harsh a sanction for the minor dereliction involved and thus constituted a plain abuse of discretion." Techno Indus. Corp. v. Cooper...

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