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SMITH ORIGINAL HOMES v. CARPET KING CARPETS

No. 2D03-4759.

896 So.2d 844 (2005)

SMITH ORIGINAL HOMES, INC., a Florida corporation, Appellant, v. CARPET KING CARPETS, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

February 23, 2005.

Attorney(s) appearing for the Case

K.C. Williams III of Williams Law Association, P.A., Tampa, for Appellant.

Joseph V. McNabb of Marlowe & McNabb, P.A., Tampa, for Appellee.

STRINGER, Judge.

Smith Original Homes, Inc., challenges the circuit court's final judgment entered after it struck Smith's pleadings for failing to pay a $28,000 increase in the transfer bond pursuant to section 713.24(3), Florida Statutes (2000). We reverse because the circuit court imposed the most severe sanction without express statutory authority or any findings of deliberate disregard or gross indifference to the court's order.

Carpet King Carpets, Inc...

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