HARRELL v. MAYBERRY

Nos. 2D98-880, 2D98-2203 and 2D98-2295.

754 So.2d 742 (2000)

Dewey R. HARRELL and Publix Supermarkets, Inc., a Florida corporation, Appellants, v. Michael C. MAYBERRY, I, as personal representative of the Estate of Michelle Mayberry, deceased; Michael C. Mayberry, I, as personal representative of the Estate of Michael C. Mayberry, II; Monique Mayberry, individually; and Michael C. Mayberry, I, and Kenneth J. Stripling, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 6, 2000.


Attorney(s) appearing for the Case

Robert L. Trohn and Christine C. Daly of Lane, Trohn, Bertrand & Vreeland, P.A., Lakeland, and Richard A. Sherman and Rosemary B. Wilder of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, for Appellants.

Scott P. Schlesinger and Todd R. Falzone of Sheldon J. Schlesinger, P.A., Fort Lauderdale, and John W. Frost, II, and Mark A. Sessums of Frost, O'Toole, & Saunders, Bartow, and Harold E. Barker, Lakeland, for Appellees.

No appearance for Appellee Kenneth Stripling.


WHATLEY, Judge.

Dewey R. Harrell and Publix Supermarkets, Inc., (the appellants) appeal the order striking their pleadings and defenses and entering a default judgment on the issue of liability in this action by Michael Mayberry and his daughter Monique Mayberry (the appellees). The order was entered against the appellants as a sanction for discovery violations and spoliation of evidence. We reverse.

This case arose out of a collision on the night of December...

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