CROWN TRADING COMPANY, APPELLANT,
v.
SYSTEMS FOR SECURITY, INC., APPELLEE

Fla. 3d DCA | 1981-06-16
No. 80-677
Before HENDRY, NESBITT and BAS-KIN, JJ.
400 So. 2d 110 Florida District Court of Appeal, Third District (1981) Caution
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse on the ground that dismissal of the suit for failure of plaintiff’s counsel to proceed with trial at the scheduled time imposes too harsh a penalty upon the litigant where said counsel moved for a continuance on the basis of a conflicting trial, and the record lacks any evidence showing 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.


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  • Gulf OIL Realty Co. v. Windhover Ass'n, Inc., 403 So. 2d 476 (Fla. 5th DCA 1981)
    …s only that trial courts do not err by requiring notice and the supreme court neither modified the rule to make notice mandatory nor held that trial courts err by not requiring notice to be given to unit members. See Palm Beach Towers, Inc. v. Korn, 400 So. 2d 110 (Fla. 4th DCA 1981). Since notice is not mandatory, failure to require notice is not a departure from the essential requirements of law. Second, when an appellate court reviews a lower court order, there is a procedural distinction between review b…
  • …The general rule is that by bringing an action, a plaintiff “subjects itself to the jurisdiction of the court and to such lawful orders which are thereafter entered with respect to the subject matter of the action.” Palm Beach Towers, Inc. v. Korn, 400 So. 2d 110, 111 (Fla. 4th DCA 1981). “A current defendant’s prior decision to bring a suit in Florida should not act indefinitely as a sword of Damocles hanging perilously over the head of that defendant if [it] later challenges jurisdiction in a separate suit…
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