ROBERT CUMMINGS, APPELLANT,

v.

SOUTH CAROLINA INSURANCE COMPANY, APPELLEE

Citator

Cited By (18 total)

• Santuoso v. McGRATH & Assocs., Inc., 385 So. 2d 112 (Fla. 3d DCA 1980)
  …ction should not be imposed for failure to timely comply with a discovery order especially where failure to comply does not operate to prejudice the opposing party in any substantial manner. Beaver Crane Service, Inc. v. National Surety Corporation, 373 So. 2d 88 (Fla.3d [*114] DCA 1979); Masons Concrete of Crystal River, Inc. v. Corbin Well Pump & Supply, Inc., 364 So. 2d 824, (Fla.2d DCA 1978), cert. denied 373 So. 2d 457 (Fla.1979). In this case, Santuoso had submitted to deposition. The motion to compel…
• Summit Chase Condo. Ass'n, Inc. v. Protean Invs., Inc., 421 So. 2d 562 (Fla. 3d DCA 1982)
  …d because the case had not been finally set for trial. Consequently, the defendants have been unable to make a sufficient showing of prejudice. Santuoso v. McGrath & Associates, Inc., supra; Beaver Crane Service, Inc. v. National Surety Corporation, 373 So. 2d 88 (Fla. 3d DCA 1979). On this record, the trial judge should have followed the approved practice of granting the plaintiff an additional opportunity for compliance. Goldstein v. Goldstein, 284 So. 2d 225 (Fla. 3d DCA 1973). [*565] We hold that the san…

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• Beauchamp v. Collins, 500 So. 2d 294 (Fla. 3d DCA 1986)
  …’s, Inc., 490 So. 2d 50 (Fla.1986); United Services Automobile Association v. Strasser, 492 So. 2d 399 (Fla. 4th DCA 1986); Garcia Fleet Corp., Ltd. v. Martinez, 483 So. 2d 502 (Fla. 3d DCA 1986); Beaver Crane Service, Inc. v. National Surety Corp., 373 So. 2d 88 (Fla. 3d DCA 1979). Dismissal of an action is a drastic remedy which should be used only in extreme situations and upon a showing of deliberate and contumacious disregard of the trial court’s authority. Mercer v. Raine, 443 So. 2d 944 (Fla.1983); Al…

Authorities Cited

• Dewberry v. Auto-Owners Ins. Co., 363 So. 2d 1077 (Fla. 1978)