Austin v. Papol

464 So.2d 1338 (1985)

James AUSTIN, Appellant,

v.

Steven PAPOL, Appellee.

No. 84-847.

District Court of Appeal of Florida, Second District.

March 15, 1985.

Kevin F. Jursinski and Michael C. Tice, Fort Myers, for appellant.

Louis F. Sisson, III, of Blackwell, Walker, Gray, Powers, Flick & Hoehl, Fort Myers, for appellee.

We reverse the final judgment dismissing Austin's complaint with prejudice and entering a default judgment against him on Papol's counterclaim. The trial court erred in imposing such extreme sanctions without first affording Austin the opportunity to be heard on the question of whether…