REBECCA LUKOWSKY, APPELLANT,
v.
HAUSER & METSCH, P.A., AND LAWRENCE R. METSCH, APPELLEES
REBECCA LUKOWSKY, APPELLANT,
HAUSER & METSCH, P.A., AND LAWRENCE R. METSCH, APPELLEES
541 So. 2d 1368
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Rebecca Lukowsky appeals the dismissal of her legal malpractice action for failure to appear at a pretrial status conference. The record before us does not support a finding that Lukowsky exhibited a deliberate and contumacious disregard of the trial court’s authority which would warrant the drastic sanction of dismissal. Mercer v. Raine, 443 So. 2d 944 (Fla.1983). We reverse and remand to the trial court for further proceedings which may include the imposition of lesser sanctions.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lukowsky v. Hauser & Metsch, P.A., 632 So. 2d 187 (Fla. 3d DCA 1994)…We reversed, holding that the record did not “support a finding that Lukowsky exhibited a deliberate and contumacious disregard of the trial court’s authority which would warrant the drastic sanction of dismissal.” Lukowsky v. Hauser & Metsch, P.A., 541 So. 2d 1368 (Fla. 3d DCA 1989). Upon remand, defendants propounded a discovery request for all records that were necessary for trial in the underlying litigation that led to the malpractice claim. Plaintiff did not produce the documents, and the trial court ent…
Authorities Cited
- Mercer v. J.D. Raine, Sr., 443 So. 2d 944 (Fla. 1983)