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Lawson v. Diehlman

District Court of Appeal of Florida, Fourth District
Oct 18, 2000
769 So. 2d 488 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 4D00-874

Opinion filed October 18, 2000 July Term 2000

Appeal of non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Charles M. Greene, Judge; L.T. Case No. 98-7506(12).

Marla Aronson Seiden of Lawrence J. Bohannon, P.A., Ft. Lauderdale, and Diane H. Tutt of Diane H. Tutt, P.A., Plantation, for appellants.

Elizabeth M. Rodriguez of Kubicki Draper, Miami, for Appellee-Mark Hickman.


The trial court dismissed plaintiffs' complaint in an accident case because plaintiffs failed to respond to orders compelling discovery and requiring independent medical examinations. Plaintiffs subsequently moved to vacate that order on the ground that their counsel had failed to advise them about the court orders. We reverse the trial court's order denying the motion to vacate.

When plaintiffs filed their lawsuit, they were represented by a law firm named Amir Associates. After entry of the order dismissing plaintiffs' claim, plaintiffs obtained new counsel, who filed a motion to vacate supported by an affidavit stating that plaintiffs had never received any information involving discovery or IME appointments from their counsel, Ofer M. Amir. Plaintiffs also filed an affidavit of Amir, stating that he had become ill, had closed his office, and knew nothing about any discovery or medical examinations involving the plaintiffs. The trial court denied the motion without a hearing.

Florida Rule of Civil Procedure 1.540(b) authorizes the court to relieve a party from a judgment or order for mistake or inadvertence, and has been applied in similar circumstances.Linthicum v. Berry, 532 So.2d 97 (Fla. 1st DCA 1988) (party was entitled to relief from judgment where attorney failed to appear at hearing or otherwise represent her and had not withdrawn as counsel). We reverse and remand for the trial court to conduct an evidentiary hearing in order to determine whether the omissions were caused by plaintiffs' counsel, and if they were, to vacate the order of dismissal. Schlitt v. Currier, 763 So.2d 491 (Fla. 4th DCA 2000) (reversing sanctions imposed against clients when the fault was with their lawyer).

GUNTHER and TAYLOR, JJ., concur.


Summaries of

Lawson v. Diehlman

District Court of Appeal of Florida, Fourth District
Oct 18, 2000
769 So. 2d 488 (Fla. Dist. Ct. App. 2000)
Case details for

Lawson v. Diehlman

Case Details

Full title:NORMAN LAWSON and CORA LAWSON, Appellants, v. DAVID DIEHLMAN and his wife…

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 18, 2000

Citations

769 So. 2d 488 (Fla. Dist. Ct. App. 2000)