Blanco v. Allstate Insurance Company

Full title: FERNANDO BLANCO, APPELLANT, v. ALLSTATE INSURANCE COMPANY, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 19, 1990

561 So. 2d 1370 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-178.

June 19, 1990.

An appeal from the Circuit Court of Dade County; Amy Steele Donner, Judge.

Anthony J. Scremin, Miami, for appellant.

Dean A. Mitchell, Miami, for appellee.

Before HUBBART, BASKIN and COPE, JJ.

PER CURIAM.

Upon the appellee's confession of error with which we entirely agree, the final order dismissing the appellant's complaint for failure of appellant's counsel to attend a pretrial status conference is reversed [because, under the circumstances of this case, the subject dismissal was too severe a sanction to be imposed for the above-stated nonappearance of counsel] and the cause is remanded to the trial court for further proceedings. U.S. Fidelity Guar. Co. v. Herr, 539 So.2d 542 (Fla. 3d DCA 1989); J.B. Muros Corp. v. International Mall, Inc., 534 So.2d 818 (Fla. 3d DCA 1988); Livingston v. State, Dept. of Corrections, 481 So.2d 2 (Fla. 1st DCA 1985); Clark v. Suncoast Peach Corp., 263 So.2d 247 (Fla. 2d DCA 1972).

Reversed and remanded.