MARY FRANCES MCMILLIAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL MCMILLIAN, DECEASED, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed dismissal of a wrongful death action for the plaintiff's deliberate and inexcusable failure to comply with discovery rules and court orders, holding that such dismissal sanctions are within the trial court's discretion when discovery violations are willful.
A trial court's dismissal sanction for deliberate and inexcusable discovery violations is within its discretion and will not be disturbed on appeal.
[1] A trial court's discretionary determination to dismiss an action as a sanction for deliberate and inexcusable discovery violations will not be disturbed on appeal absent…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceMary Frances McMillian, as personal representative of Michael McMillian's estate, filed a wrongful death action against the Florida Department of Corr…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Discretionary Determination cases and more on FLexlaw
PER CURIAM.
The plaintiff in a wrongful death action appeals from the dismissal of her complaint without prejudice1 because of the failure to make timely and appropriate discovery as required by the rules and prior order of court. Notwithstanding the often-expressed view of this court, to which we adhere, that such a remedy is not lightly to be invoked or approved, Velazquez v. Gaitan, 499 So. 2d 66 (Fla. 3d DCA 1986); Smalley v. Layne, 428 So. 2d 298 (Fla. 3d DCA 1983); Summit Chase Condominium Ass’n v. Protean Investors, Inc., 421 So. 2d 562 (Fla. 3d DCA 1982); see Wallraff v. T.G.I. Friday’s, Inc., 490 So. 2d 50 (Fla.1986), we cannot interfere with the trial court’s discretionary determination that the deliberateness and inexcusability of the appellant’s discovery violations justified the sanction imposed. See Wallraff, 490 So. 2d at 50; Mercer v. Raine, 443 So. 2d 944 (Fla.1983); Farish v. Lum's, Inc., 267 So. 2d 325 (Fla.1972); Freeman v. Humana, Inc., 501 So. 2d 639 (Fla. 3d DCA 1986); A.H. Robins Co. v. Devereaux, 415 So. 2d 30 (Fla. 3d DCA 1982), pet. for review denied, 426 So. 2d 25 (Fla.1983); Watson v. Peskoe, 407 So. 2d 954 (Fla. 3d DCA 1981).
Affirmed.
. The order was fatal to the claim because the statute of limitations had expired.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
First Overseas Invs. Corp. v. Ivo Dantas and Maria Dantas, 509 So. 2d 987 (Fla. 3d DCA 1987)…struck the defendant’s pleadings because of substantial violations of the discovery rules and a court order enforcing them. Our review of the record reveals no abuse of discretion. See McMillian v. State of Florida, Department of [*988] Corrections, 506 So. 2d 1171 (Fla. 3d DCA 1987), and cases cited. Affirmed.…
-
Solano v. City OF Hialeah, 578 So. 2d 338 (Fla. 3d DCA 1991)…ry violations. Because the statute of limitations had run, the orders effect a dismissal with prejudice. Anthony v. Schmitt, 557 So. 2d 656, 662 (Fla. 2d DCA), jurisdiction accepted, 568 So. 2d 435 (Fla.1990); McMillian v. Department of Corrections, 506 So. 2d 1171 n. 1 (Fla. 3d DCA 1987); cf. Sekot Laboratories, Inc. v. Gleason, 15 F.L.W. 1701, 1702 note * (Fla. 3d DCA 1990) (dismissal without prejudice before limitation period had run; “effect was not that of dismissal with prejudice.”). The record demonstra…
-
Scott G. Kranz and IMG v. Levan, 602 So. 2d 668 (Fla. 3d DCA 1992)…Inc., 515 So. 2d 279 (Fla.3d DCA 1987), rev. denied, 523 So. 2d 577 (Fla.1988); HZJ, Inc. v. Wysocki, 511 So. 2d 1088 (Fla.3d DCA 1987); First Overseas Inv. Corp. v. Dantas, 509 So. 2d 987 (Fla.3d DCA 1987); McMillian v. State, Dep’t of Corrections, 506 So. 2d 1171 (Fla.3d DCA 1987); Far Out Music, Inc. v. Jordan, 502 So. 2d 523 (Fla.3d DCA 1987); Freeman v. Humana, Inc., 501 So. 2d 639 (Fla.3d DCA 1986), rev. denied, 511 So. 2d 298 (Fla.1987); Cedars Assoc. v. E.R. Brownell & Assoc., Inc., 466 So. 2d 1130 (Fl…
Authorities Cited
- Mercer v. J.D. Raine, Sr., 443 So. 2d 944 (Fla. 1983)
- Farish v. Lum's, Inc., 267 So. 2d 325 (Fla. 1972)
- Watson v. Peskoe, 407 So. 2d 954 (Fla. 3d DCA 1981)
- Wallraff v. T.G.I. Friday's, Inc., 490 So. 2d 50 (Fla. 1986)
- Summit Chase Condo. Ass'n, Inc. v. Protean Invs., Inc., 421 So. 2d 562 (Fla. 3d DCA 1982)
- A. H. Robins Co., Inc. v. Devereaux, 415 So. 2d 30 (Fla. 3d DCA 1982)
- Freeman v. Humana, Inc., 501 So. 2d 639 (Fla. 3d DCA 1986)
- Smalley v. Layne, 428 So. 2d 298 (Fla. 3d DCA 1983)
- LEE v. State, 499 So. 2d 66 (Fla. 3d DCA 1986)
- Velazquez v. Alavar Gaitan, M.D., 499 So. 2d 66 (Fla. 3d DCA 1986)