ANTHONY CRANE RENTAL OF FLORIDA, INC., APPELLANT,
v.
STEPHANIE CAWEIN, AND GREGG TRACE, APPELLEES
ANTHONY CRANE RENTAL OF FLORIDA, INC., APPELLANT,
STEPHANIE CAWEIN, AND GREGG TRACE, APPELLEES
601 So. 2d 645
Florida District Court of Appeal, Fourth District (1992)
Opinion of the Court
PER CURIAM.
Anthony Crane Rental of Florida, Inc. (ACR) appeals the trial court’s order of default. We agree with ACR’s assertion that the trial court erred in striking ACR’s pleadings and in ordering a default as a sanction without finding that ACR had willfully violated a court discovery order. Commonwealth Fed. Sav. & Loan v. Tubero, 569 So. 2d 1271, 1273 (Fla.1990). Accordingly, we reverse the order appealed. In addition, we dismiss the cross appeal because Stephanie Cawein failed to file a proper cross appeal. Fla.R.App.P. 9.110(g); Guerra v. State, 546 So. 2d 133, 134 (Fla. 4th DCA 1989).
REVERSED AND REMANDED.
DELL, GUNTHER and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)
- Guerra v. State, 546 So. 2d 133 (Fla. 4th DCA 1989)