Coppola v. McNab

GUNTHER, Judge.

We reverse. Donald Coppola’s counsel failed to meet with opposing counsel to draw a pre-trial statement as ordered by the trial court. As a result, the trial court sanctioned Coppola by striking his pleadings and entering a default against him. In our view, the sanction imposed, in light of the facts of this case, was too harsh a penalty for a first infraction. See Beasley v. Girten, 61 So.2d 179 (Fla.1952).

Within one day of learning he had been sanctioned, Coppola hired a new lawyer and immediately filed a sworn motion for reconsideration which was uncontroverted by the…