FISHER v. PROFESSIONAL ADVERTISING

No. 4D06-3583.

955 So.2d 78 (2007)

Julius FISHER, Appellant, v. PROFESSIONAL ADVERTISING DIRECTORS CO., INC., a New Jersey corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

April 11, 2007.


Attorney(s) appearing for the Case

Steven E. Eisenberg and Paul Vicary of Feldman Gale, P.A., Miami, for appellant.

Michael J. Liss of Kalis & Kleiman, P.A., Davie, for appellee.


PER CURIAM.

This appeal stems from a case that proceeded to trial on the matter of damages alone after the defendant's answer was stricken as a sanction for discovery misconduct. The defendant challenges both the trial court's decision to strike his answer and the damages award. We find merit in the defendant's claim that the striking of his pleadings was an abuse of discretion under the circumstances of this case and reverse the order appealed.

The striking...

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