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. SchoolsOpinion
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.