CROWN TRADING CO. v. SYS. FOR SEC

Full title: CROWN TRADING COMPANY, APPELLANT, v. SYSTEMS FOR SECURITY, INC., APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jul 10, 1981

400 So. 2d 110 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-677.

June 16, 1981. Rehearing Denied July 10, 1981.

Appeal from the Circuit Court, Dade County, James H. Earnest, J.

Carey, Dwyer, Cole, Selwood Bernard and Michael C. Spring, Steven R. Berger, Miami, for appellant.

George, Hartz McNary and Scott McNary, Miami, for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.

PER CURIAM.

We reverse on the ground that dismissal of the suit for failure of plaintiff's counsel to proceed with trial at the scheduled time imposes too harsh a penalty upon the litigant where said counsel moved for a continuance on the basis of a conflicting trial, and the record lacks any evidence showing a willful or blatant disregard for the court's authority. The court may, of course, discipline the offending attorney by contempt or other appropriate punishment. Catogas v. Sapp, 397 So.2d 1182 (Fla. 3d DCA 1981); Aller v. Editorial Planeta, S.A., 389 So.2d 321 (Fla. 3d DCA 1980).

Reversed and remanded.