Opinion
Case No. 3D01-1993
Opinion filed November 6, 2002.
An appeal from the Circuit Court of Miami-Dade County, Bernard S. Shapiro, Judge. Lower Tribunal Case No. 00-6114.
Salas, Ede, Peterson Lage and Douglas E. Ede, for appellant.
Alan C. Gold; Hessen, Schimmel De Castro; Allan Jay Atlas, Fort Myers, for appellees.
Before COPE, LEVY, and FLETCHER, JJ.
This is an appeal from a dismissal of an intervention action for failure to timely file an amended complaint. Finding the dismissal too severe a sanction under the circumstances herein, which involved the actions of the intervener's counsel and not his client, we reverse for reinstatement. See e.g. Town of Manalapan v. Florida Power Light Co., 815 So.2d 670 (Fla. 4th DCA 2002); Rosenberg v. Miller, 453 So.2d 885 (Fla.3d DCA 1984). Upon remand, the trial court may consider imposing a more appropriate sanction upon the attorney.
Reversed and remanded with directions to reinstate the action.