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Nicholson-Kenny Capital Management12/14/2005
e order setting trial. We have continually decried the use of "gotcha" litigation tactics. See, e.g., Gardner; Rappaport v. Hollywood Beach Resort Condo. Ass'n, Inc., 905 So. 2d 1024 (Fla. 4th DCA 2005); Jenkins v. UBN Global Trading Corp., 886 So. 2d 1057 (Fla. 4th DCA 2004); A.J.; Berkman v. Foley, 709 So. 2d 628 (Fla. 4th DCA 1998). We again reiterate our disdain for such litigation conduct.
Reversed and remanded for a trial on the merits.
GUNTHER and POLEN, JJ., concur.
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