J.B. MUROS CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
INTERNATIONAL MALL, INC., APPELLEE
PER CURIAM.
Appellant seeks review of an order dismissing its complaint with prejudice, striking its answer to appellee’s counterclaim, and entering a judgment in favor of the appellee. Subsequent to this litigation being set for a non-jury trial, counsel for appellant J.B. Muros Corporation failed to appear at this case’s call of the calendar. Under such circumstances, it may be appropriate for a trial judge to impose sanctions against an attorney, but we must conclude that the ultimate sanction of dismissing a party’s complaint is too severe unless it is apparent from the record that indeed the client was in defiance of the court’s authority. Travelers Ins. Co. v. Rodriguez, 357 So. 2d 464 (Fla. 2d DCA 1978); 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); First Republic Corp. v. Hayes, 431 So. 2d 624 (Fla. 3d DCA), review denied, 441 So. 2d 632 (Fla.1983).
The order of dismissal is reversed with directions to reinstate the complaint and answer to the defendant’s counterclaim.
Cases With Similar Vibessemantic neighbors from the corpus
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Arango v. Alvarez, 585 So. 2d 1131 (Fla. 3d DCA 1991)…a default judgment or the dismissal of a complaint is too severe a sanction for failure to appear at a calendar call, see Lahav Flooring and Fixtures, Inc. v. Flecher, 571 So. 2d 551 (Fla. 3d DCA 1990); J.B. Muros Corp. v. International Mall, Inc., 534 So. 2d 818 (Fla. 3d DCA 1988); Bullock v. Metropolitan Dade County, 438 So. 2d 151 (Fla. 3d DCA 1983), we find these cases to be inapplicable. The rationale in these decisions appears to be that the court should not punish a litigant by entering a default wher…1 / 2
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Nants v. Faria, 553 So. 2d 369 (Fla. 5th DCA 1989)…f this, it was error to consider the merits of the responsive pleading in refusing to set aside the erroneously entered default. See Roche v. Commercial Technical Consultants Company, 534 So. 2d at 1244; Mohammad v. J.I. Kislak Mortgage Corporation, 534 So. 2d 818 (Fla. 3d DCA 1988); Chester, Blackburn and Roder, Inc. v. Marchese, 383 So. 2d at 735. REVERSED. COBB and GOSHORN, JJ., concur.…
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Blanco v. Allstate Ins. Co., 561 So. 2d 1370 (Fla. 3d DCA 1990)…on to be imposed for the above-stated nonappearance of counsel] and the cause is remanded to the trial court for further proceedings. U.S. Fidelity & Guar. Co. v. Herr, 539 So. 2d 542 (Fla. 3d DCA 1989); J.B. Muros Corp. v. International Mall, Inc., 534 So. 2d 818 (Fla. 3d DCA 1988); Livingston v. State, Dept. of Corrections, 481 So. 2d 2 (Fla. 1st DCA 1985); Clark v. Suncoast Peach Corp., 263 So. 2d 247 (Fla. 2d DCA 1972). Reversed and remanded.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Travelers Ins. Co. & Peter Vassey v. Rodriguez, 357 So. 2d 464 (Fla. 2d DCA 1978)
- First Republic Corp. OF Am. v. Hayes, 431 So. 2d 624 (Fla. 3d DCA 1983)
- Masons Concrete OF Crystal River, Inc. v. Corbin Well Pump & Supply, Inc., 364 So. 2d 824 (Fla. 2d DCA 1978)