FERNANDO ALLER, APPELLANT,
v.
EDITORIAL PLANETA, S.A., A FOREIGN CORPORATION DOING BUSINESS IN FLORIDA, PUBLICACIONES ESPANOLES, S.A., CORP., D/B/A LESA, A FLORIDA CORPORATION, APPELLEES

Fla. 3d DCA | 1980-10-21
No. 80-217
Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.
389 So. 2d 321 Florida District Court of Appeal, Third District (1980) Negative Treatment
Cited by 28 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

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.


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Citator

Cited By (14 total)

  • …s with leave for the trial court in its discretion to impose lesser sanctions in this case, including a dismissal without prejudice, if otherwise appropriate. See Beasley v. Girten, 61 So. 2d 179, 180-81 (Fla.1952); Aller v. Editorial Planeta, S.A., 389 So. 2d 321 (Fla. 3d DCA 1980). We reach this result based primarily on the authority of Bernuth Marine Shipping, Inc. v. Integrated Container Serv., Inc., 369 So. 2d 424 (Fla. 3d DCA 1979), which held that it was error for the trial court to strike the defen…
  • Crown Trading Co. v. Sys. FOR Sec., Inc., 400 So. 2d 110 (Fla. 3d DCA 1981)
    …a willful or blatant disregard for the court’s authority. The court may, of course, discipline the offending attorney by contempt or other appropriate punishment. Catogas v. Sapp, 397 So. 2d 1182 (Fla. 3d DCA 1981); Alter v. Editorial Planeta, S.A., 389 So. 2d 321 (Fla. 3d DCA 1980). Reversed and remanded.…
  • Paris Int'l Records & Filmworks, Inc. v. Rodriguez, 539 So. 2d 5 (Fla. 3d DCA 1989)
    …anagement conference, without more, is too severe a sanction to impose upon a litigant where, as here, the record is devoid of any evidence reflecting counsel’s wilful or flagrant disregard of the court’s authority. Aller v. Editorial Planeta, S.A., 389 So. 2d 321 (Fla. 3d DCA 1980); Crystal Lake Golf Course, Inc. v. Kalin, 252 So. 2d 379 (Fla. 4th DCA 1971). The non-final order under review is reversed, and the cause is remanded to the trial court for further proceedings. REVERSED AND REMANDED.…

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