Opinion
No. 80-217.
October 21, 1980.
Appeal from the Circuit Court, Dade County, James H. Earnest, J.
Tew Spitler, Joaquin R. Carbonell, Miami, for appellant.
No Appearance, for appellees.
Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.
The order dismissing plaintiff's complaint without prejudice, for failure of his counsel to appear at a pretrial conference, is reversed because that action was too severe a sanction to visit upon a litigant where the record is devoid of evidence reflecting his willful or flagrant disregard for the court's authority. For derelictions of this nature, the court is empowered to discipline the offending attorney by contempt or other appropriate punishment. Beasley v. Girten, 61 So.2d 179 (Fla. 1952); Crystal Lake Golf Course, Inc. v. Kalin, 252 So.2d 379 (Fla. 4th DCA 1971).
Reversed and remanded.