filed an answer on Flagg’s behalf, the attorney thereafter withdrew from Flagg’s representation. When the Sheriff requested documents and interrogatories, Flagg failed to respond. As a consequence, the Sheriff filed a motion to compel, which the trial court granted. When Flagg did not respond within thirty days as required by the order to compel, the Sheriff filed a motion for sanctions. A hearing on the motion was held, but Flagg did not appear at the hearing. The trial court granted the motion and struck the responsive pleading. Sixteen days later, Flagg filed a motion to set aside the sanction, which the trial court denied without a hearing or making any findings. Thereafter, the court entered a default judgment in favor of the Sheriff. Flagg filed a timely 9 (Fla. 4th DCA 1987) (<HOLDING>). ,. The dismissal pf an action based on the
holding if a deposition is taken for discovery only  not for use at trial the deposition is not a stage of trial for which the defendant must be present holding that the trial court could not strike the pleadings of a party whose remand from federal custody for trial and deposition had not been secured where no findinghad been made that party had willfully failed to appear and be deposed holding that a party had failed to preserve an argument for appellate review when that party had failed to argue the issue to the trial court either at trial or in his postjudgment motion holding that a deposition that was not presented to the trial court could not be considered on appeal holding that mandate did not preclude the trial court from considering unconscionability argument on remand because that issue had not been decided by the trial court nor considered by this court in the first appeal