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Garland v. Dixie Ins. Co.

District Court of Appeal of Florida, Fourth District
Oct 31, 1986
495 So. 2d 785 (Fla. Dist. Ct. App. 1986)

Summary

holding dismissal of complaint without prejudice for failure of counsel to appear at pretrial conference was too severe a sanction where record did not show willful or intentional disregard of trial court's order

Summary of this case from Martinez v. Collier Cty. Pub. Schools

Opinion

No. 4-86-0802.

September 17, 1986. Rehearing Denied October 31, 1986.

Appeal from the Circuit Court, Broward County, Barbara Bridge, J.

Steven D. Miller of Mark Marks, P.A., North Miami, for appellant.

Steven R. Berger of Steven R. Berger, P.A., Miami, and Pomeroy, Pomeroy Pomeroy, Fort Lauderdale, for appellee.


We reverse the order dismissing plaintiff's complaint without prejudice, for failure of her counsel to appear at a scheduled pretrial conference, upon the authority of Beasley v. Girten, 61 So.2d 179 (Fla. 1952) and Crystal Lake Golf Course v. Kalin, 252 So.2d 379 (Fla. 4th DCA 1971).

Dismissal of the complaint was too severe a sanction in this matter because the record does not show willful or intentional disregard of the trial court's order. However, this reversal is without prejudice to the entry of a lesser sanction against plaintiff or her counsel.

REVERSED and REMANDED.

GLICKSTEIN and DELL, JJ., concur.

LETTS, J., dissents without opinion.


Summaries of

Garland v. Dixie Ins. Co.

District Court of Appeal of Florida, Fourth District
Oct 31, 1986
495 So. 2d 785 (Fla. Dist. Ct. App. 1986)

holding dismissal of complaint without prejudice for failure of counsel to appear at pretrial conference was too severe a sanction where record did not show willful or intentional disregard of trial court's order

Summary of this case from Martinez v. Collier Cty. Pub. Schools

In Garland v. Dixie Insurance Co., 495 So.2d 785 (Fla. 4th DCA 1986), this court held that dismissal of a plaintiff's complaint without prejudice for failure to appear at a scheduled pretrial conference was too severe a sanction, because the record did not disclose a willful or intentional disregard of the trial court's order.

Summary of this case from Dept. of Env. Reg. v. Chemairspray
Case details for

Garland v. Dixie Ins. Co.

Case Details

Full title:RUBY GARLAND, APPELLANT, v. DIXIE INSURANCE CO., A FOREIGN CORPORATION…

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 31, 1986

Citations

495 So. 2d 785 (Fla. Dist. Ct. App. 1986)

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