STERN v. STEIN (1997)

District Court of Appeal of Florida,Fourth District.

William STERN, Appellant, v. Sanford M. STEIN and Frances D. Stein, Appellees.

No. 96-1360.

Decided: June 04, 1997

Stuart C. Hoffman and Gary E. Susser, Boca Raton, for appellant. David M. Garvin of David M. Garvin, P.A., Miami, for appellees.

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 plaintiff's 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 plaintiff's argument that the trial court's comments required its recusal.

PARIENTE, Judge.

DELL and GROSS, JJ., concur.

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