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Munoz v. Alvarez

District Court of Appeal of Florida, Third District
Dec 20, 2000
774 So. 2d 801 (Fla. Dist. Ct. App. 2000)

Summary

reversing order dismissing case for failure to comply with a court order to retain new counsel "[b]ecause the order does not, as required, state that the claimed noncompliance was willful or deliberate"

Summary of this case from Cherry Roofing Enters. v. Bader

Opinion

No. 3D00-473.

December 20, 2000.

An Appeal from the Circuit Court for Dade County, David Tobin, Judge.

Robert Villasante; Abadin Jaramillo and Julio C. Jaramillo, for appellants.

O'Connor Meyers and David R. Cassetty, for appellees.

Before SCHWARTZ, C.J., and SORONDO and RAMIREZ, JJ.


The plaintiff's appeal from an order dismissing their malpractice case because of a supposed violation of a court order to secure replacement counsel or give notice of their desire not to do so. See Kreiser Constr., Inc. v. Trafford, 699 So.2d 251 (Fla. 3d DCA 1997). Because the order does not, as required, state that the claimed noncompliance was willful or deliberate, see Walden v. Adekola, 773 So.2d 1218 (Fla. 3d DCA 2000); Visoly v. Kluger, Peretz, Kaplan Berlin, P.A., 707 So.2d 427 (Fla. 3d DCA 1998) and, more important, because the circumstances revealed by the record show, as a matter of law, that no such finding could be properly rendered or sustained, see Commonwealth Fed. Savings Loan Ass'n v. Tubero, 569 So.2d 1271 (Fla. 1990), the order on appeal is reversed and the cause is remanded for trial.


Summaries of

Munoz v. Alvarez

District Court of Appeal of Florida, Third District
Dec 20, 2000
774 So. 2d 801 (Fla. Dist. Ct. App. 2000)

reversing order dismissing case for failure to comply with a court order to retain new counsel "[b]ecause the order does not, as required, state that the claimed noncompliance was willful or deliberate"

Summary of this case from Cherry Roofing Enters. v. Bader

reversing and remanding, on appeal from an order dismissing the case because of a supposed violation of a court order to secure replacement counsel, because the order did not, as required, state that the claimed noncompliance was willful or deliberate

Summary of this case from Deer Valley Realty, Inc. v. Beck & Lee, P.A.
Case details for

Munoz v. Alvarez

Case Details

Full title:Jennifer MUNOZ, etc., et al., Appellants, v. Pedro ALVAREZ, M.D., et al.…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 20, 2000

Citations

774 So. 2d 801 (Fla. Dist. Ct. App. 2000)

Citing Cases

Deer Valley Realty, Inc. v. Beck & Lee, P.A.

See Ham v. Dunmire, 891 So.2d 492, 495 (Fla. 2004) ("Dismissing an action with prejudice as a sanction for…

Cherry Roofing Enters. v. Bader

Such an express written finding is essential· to justify the severe sanction of default." Id.; see also Munoz…