Opinion
No. 4-86-0480.
April 22, 1987.
Appeal from the Circuit Court for Broward County; M. Daniel Futch, Jr., Judge.
Robert M. Bovarnick and Raymond A. Reiser of Rice Reiser, P.A., Miami, for appellant-Tarek Wadji Investments, N.V.
Maurice Graham of Maurice Graham, P.A., Fort Lauderdale, for appellee-Alfred Ciffo.
Under the facts and uncontroverted mitigating circumstances of this case which reflect that there was no wilful disregard of the court's order, it was an abuse of the court's discretion for it to enter final judgment against Tarek Wadji Investments, N.V. because of its failure to timely retain new counsel. We reverse and remand upon authority of Mercer v. Raine, 410 So.2d 931 (Fla. 4th DCA 1981), affirmed, 443 So.2d 944 (Fla. 1983); Walraff v. T.G.I. Friday's Inc., 490 So.2d 50 (Fla. 1986); and Flanzbaum v. Stans Lounge, 377 So.2d 750 (Fla. 4th DCA 1979).
Reversed and remanded.
ANSTEAD, WALDEN and STONE, JJ., concur.