WILLIAM STERN, APPELLANT,
v.
SANFORD M. STEIN AND FRANCES D. STEIN, APPELLEES
WILLIAM STERN, APPELLANT,
SANFORD M. STEIN AND FRANCES D. STEIN, APPELLEES
694 So. 2d 851
Florida District Court of Appeal, Fourth District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PARIENTE, Judge.
Plaintiff appeals an order striking his pleadings for discovery violations. We reverse the order striking the pleadings and vacate the subsequently-entered final judgment. The trial court abused its discretion in striking plaintiffs pleadings when the time provided for compliance with discovery, based on a prior court order of a predecessor judge, had not yet expired.
In reversing, we specifically reject plaintiffs argument that the trial court’s comments required its recusal.
DELL and GROSS, JJ., concur.
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Stern v. Sanford M. Stein and Frances D. Stein, 708 So. 2d 288 (Fla. 4th DCA 1998)…to the contrary, the trial court had subject matter jurisdiction to enter the order. A reversal is nonetheless required because the default judgment upon which the post-judgment proceedings were predicated has since been vacated. See Stern v. Stein, 694 So. 2d 851 (Fla. 4th DCA 1997). Our reversal is without prejudice to appellees pursuing any other rights or pre-judgment remedies they may have in the underlying action. Our reversal does not affect the trial court’s separate and independent order awarding a…