PARIS INTERNATIONAL RECORDS & FILMWORKS, INC. AND JOSE RAMON MARTINEZ, APPELLANTS,
v.
MAGALY RODRIGUEZ A/K/A MAGA, APPELLEE
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Florida appellate court reversed the trial court's striking of defendants' pleadings and granting of injunctive relief, holding that such severe sanctions for defense counsel's failure to attend a case management conference without evidence of willful or flagrant disregard of court authority are excessive.
Striking pleadings and granting affirmative relief based solely on counsel's failure to appear at a case management conference, without evidence of willful or flagrant disregard of court authority, is an excessive sanction.
[1] Striking a defendant's pleadings and granting affirmative relief as sanctions for counsel's failure to attend a case management conference is excessive absent evidence of…
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Join FLexlaw to unlock all legal intelligenceDefense counsel for Paris International Records & Filmworks, Inc. and Jose Ramon Martinez failed to attend a case management conference ordered by the…
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PER CURIAM.
This is an appeal by the defendants [Paris International Records & Filmworks, Inc. and Jose Ramon Martinez] from a non-final order striking the defendant’s pleadings, granting injunctive relief as requested by the plaintiff [Magaly Rodriguez a/k/a Maga] and setting the cause for a trial on damages. The basis for the subject order was that counsel for the defendants failed to attend a case management conference as ordered by the trial court. See Fla.R.Civ.P. 1.200(c). We have jurisdiction to entertain this appeal, see Fla.R.App.P. 9.130(a)(3)(B), (C)(iv), and reverse upon a holding that the striking of pleadings and granting the affirmative relief requested by plaintiff based on the failure of defense counsel to appear at a case management 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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Carazo v. Status Shipping, Ltd., 613 So. 2d 1329 (Fla. 2d DCA 1992)…Ins. Co. v. Rodriguez, 357 So. 2d 464 (Fla. 2d DCA 1978). In this case, counsel’s failure to attend the case management conference did not warrant striking the appellants’ motion to dismiss. See Paris Int’l Records & Filmworkers, Inc. v. Rodriguez, 539 So. 2d 5 (Fla. 3d DCA 1989); Aller v. Editorial Planeta, S.A., 389 So. 2d 321 (Fla. 3d DCA 1980). Likewise, the new counsel’s decision to file a motion to dismiss in violation of the court’s order rather than requesting leave to do so did not warrant the ext…
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United States Fid. & Guar. Co. & Mascrete, Inc. v. State Supply Co., 548 So. 2d 893 (Fla. 3d DCA 1989)…too severe a sanction to impose for defense counsel’s failure to comply with court orders absent evidence that the lack of compliance was in wilful and flagrant disregard of the court’s authority, Paris Int’l Records & Filmworks, Inc. v. Rodriguez, 539 So. 2d 5 (Fla. 3d DCA 1989); see also Aller v. Editorial Planeta, S.A., 389 So. 2d 321 (Fla. 3d DCA 1980); 2) statements of counsel and evidence produced at a pretrial status conference are not substitutes for a trial on the merits and do not permit the cour…
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Daniel A. Millan, M.D. v. Lenora Williams, 655 So. 2d 207 (Fla. 3d DCA 1995)…ings; the trial court’s refusal to do so was, therefore, entirely proper. See Momenah v. Ammache, 616 So. 2d 121, 123 (Fla. 2d DCA 1995); Kirby v. Adkins, 582 So .2d 1209, 1211 (Fla. 5th DCA 1991); Paris Int’l Records & Filmworks, Inc. v. Rodriguez, 539 So. 2d 5 (Fla. 3d DCA 1989). The plaintiff, however, is not precluded by our decision from seeking other remedies, if otherwise available, against the defendant for filing the false affidavit. The final order of criminal contempt under review is reversed,…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Crystal Lake Golf Course, Inc. v. Kalin, 252 So. 2d 379 (Fla. 4th DCA 1971)
- Aller v. Editorial Planeta, S.A., 389 So. 2d 321 (Fla. 3d DCA 1980)