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INSURANCE CO. OF NORTH AMERICA v. GAINES

No. 1D99-3524.

765 So.2d 139 (2000)

INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. Edward B. GAINES and Cynthia M. Gaines, Appellees.

District Court of Appeal of Florida, First District.

June 22, 2000.

Attorney(s) appearing for the Case

Mark B. Milrot, Esquire, of Atkinson, Diner, Stone, Mankuta & Ploucha, P.A., Hollywood, for appellant.

Randall J. Silverberg, Esquire, Jacksonville, for appellees.

BENTON, J.

The Insurance Company of North America, Inc. (INA) appeals an order striking its pleadings and entering a default as a sanction for willfully violating an order referring the parties to mediation. The trial court concluded that INA violated the order solely because INA did not send a representative, other than its outside attorney, to mediation. Concluding INA's alleged misconduct did not violate the terms of the order, we reverse.

Edward B. Gaines...

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