Noto v. Greenbrook Jacaranda Associates, III, Ltd.

We reverse the order entered ex parte which struck the plaintiffs pleading, along with the final judgment entered ex parte upon authority of Owens-Illinois, Inc. v. Lewis, 260 So.2d 221 (Fla. 1st DCA 1972).

Plaintiff/appellee relies upon Webber v. Brickley, 239 So.2d 633 (Fla. 3d DCA 1970), as a way to salvage the wrongly entered ex parte order and judgment. We are of the opinion that such reliance is misplaced.

In Webber v. Brickley, supra, as here, there was an ex parte order entered. It dismissed the cause for failure to comply with a discovery order. It was there recited:

We think this…