Summary
reversing order dismissing complaint with prejudice “because the order does not contain an express written finding of willful noncompliance for dismissal pursuant to [rule] 1.420(b) ”
Summary of this case from Schindler v. Bank of N.Y. Mellon Trust Co.Opinion
No. 4D11–4209.
2013-03-6
Charlotte TAYLOR, Appellant, v. CITY OF LAKE WORTH and City Commission of Lake Worth; Gary R. Nikolits, as Property Appraiser of Palm Beach County, Florida; Anne M. Gannon, as Tax Collector of Palm Beach County, Florida; and Lisa Echeverri, as Executive Director of the Florida Department of Revenue; Value Adjustment Board of Palm Beach County; and Palm Beach County, a political subdivision of the State of Florida, Appellees.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jack S. Cox, Judge; L.T. Case No. 502009CA033120. Charlotte Taylor, Lake Worth, pro se. Christopher Stearns and Tamara M. Scrudders of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., Fort Lauderdale, for appellees City of Lake Worth and City Commission of Lake Worth.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jack S. Cox, Judge; L.T. Case No. 502009CA033120.
Charlotte Taylor, Lake Worth, pro se. Christopher Stearns and Tamara M. Scrudders of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., Fort Lauderdale, for appellees City of Lake Worth and City Commission of Lake Worth.
PER CURIAM.
Appellant Charlotte Taylor, pro se plaintiff below, appeals a final order dismissing her complaint with prejudice against appellee, the City of Lake Worth. We reverse because the order does not contain an express written finding of willful noncompliance for dismissal pursuant to Florida Rule of Civil Procedure 1.420(b). See Cummings v. Warren Henry Motors, Inc., 648 So.2d 1230, 1232 (Fla. 4th DCA 1995) (stating “a dismissal of an action as a sanction for violating an order of the court is error where the court fails to make an express written finding of a party's willful or deliberate refusal to obey a court order”) (citing J.E.I. Airlines, Inc. v. Britton, Cassel, Schantz & Schatzman, P.A., 605 So.2d 1009 (Fla. 4th DCA 1992); Commonwealth Fed. Sav. & Loan Ass'n v. Tubero, 569 So.2d 1271 (Fla.1990)); Johnson v. Skarvan, 27 So.3d 178, 179 (Fla. 5th DCA 2010) (reversing dismissal of pro se plaintiff's complaint when order did not contain explicit findings).
Reversed and remanded.