RUBY GARLAND, APPELLANT,

v.

DIXIE INSURANCE CO., A FOREIGN CORPORATION, APPELLEE

Citator

Cited By

• Martinez v. Collier Cnty. Pub. Schs., 804 So. 2d 559 (Fla. 1st DCA 2002)
  …that where record lacks evidence of willful or flagrant disregard for court’s authority, dismissing complaint without prejudice for failure of counsel to appear is too severe a sanction to impose upon a litigant); see also Garland v. Dixie Ins. Co., 495 So. 2d 785 (Fla. 4th DCA 1986) (holding dismissal of complaint without prejudice for failure of counsel to appear at pretrial conference was too severe a sanction where record did not show willful or intentional disregard of trial.court’s order); Anthony v. Sc…
• State of Fla. Dep't of Env't Reg. v. Chemairspray, Inc., 520 So. 2d 96 (Fla. 4th DCA 1988)
  …ourt cannot so consider them on review of the record. If the advocate wishes to establish a fact, he must provide sworn testimony through witnesses other than himself or a stipulation to which his opponent agrees. In Garland v. Dixie Insurance Co., 495 So. 2d 785 (Fla. 4th DCA 1986), this court held that dismissal of a plaintiff's complaint without prejudice for failure to appear at a scheduled pretrial conference was too severe a sanction, because the record did not disclose a willful or intentional disrega…
• Hobe Sound Rest. Corp., Inc. v. Slater, 755 So. 2d 649 (Fla. 4th DCA 1998)
  …Inc., 520 So. 2d 96 (Fla. 4th DCA 1988), in which we reversed a dismissal of a complaint where unopposed affidavits established that the plaintiff had failed to attend a case management conference due to sickness, and Garland v. Dixie Insurance Co., 495 So. 2d 785 (Fla. 4th DCA 1986), in which we recognized that dismissal was too severe a sanction for failing to appear at a pretrial conference absent a record showing of willful or intentional disregard of a court order. However, none of these cases involve fi…

Authorities Cited

• Beasley v. Girten, 61 So.2d 179 (Fla. 1952)
• Crystal Lake Golf Course, Inc. v. Kalin, 252 So. 2d 379 (Fla. 4th DCA 1971)