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677 So. 2d 39

Docket No. 96-0554.

ROOFCRAFT INTERN., INC. v. Thomas

ROOFCRAFT INTERNATIONAL, INC., Patrick Leavens, and David Jones, Appellants, v. Woodie H. THOMAS, III, Appellee.

District Court of Appeal of Florida

Decided July 3, 1996.

Rehearing Denied August 15, 1996.

District Court of Appeal of Florida · decided 1996-07-03

Cited by 4 later decisions — most recently February 2008

4 state decisions

Relies on Karr v. Sellers

Good law ✅— No negative treatment on recordhow we know

Decided 1996-07-03

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¶1Robert E. Ferencik, Jr. and Adam C. Linkhorst of Leiby Ferencik Libanoff and Brandt, P.A., Fort Lauderdale, for appellants.

¶2Gary A. Chernay of Cohen, Chernay, Norris, Weinberger & Harris, North Palm Beach, for appellee.

¶3PER CURIAM.

¶4Defendants appeal an order granting plaintiff's motion for judgment on the pleadings as to liability only. We have jurisdiction to review such a non-final order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). The order, however, was *40 entered because months earlier the trial court had struck defendants' pleadings for discovery violations. The defendants are not arguing that the order on appeal is incorrect, but rather that the order striking the pleadings was erroneous. The appropriate method for defendants to review the order striking the pleadings is by plenary appeal. Karr v. Sellers,620 So.2d 1104 (Fla.4th DCA 1993). We therefore affirm without prejudice to defendants appealing the order striking their pleadings after final judgment.

¶5Affirmed.

¶6GLICKSTEIN, KLEIN and STEVENSON, JJ., concur.

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