EDWIN ALCEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWIN ALCEE, APPELLANT,
STATE OF FLORIDA, APPELLEE
561 So. 2d 1370
Florida District Court of Appeal, Second District (1990)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the judgment and sentence, except for the imposition of costs and attorney’s fees which we set aside pursuant to Jenkins v. State, 444 So. 2d 947 (Fla.1984). Any attempt to reimpose costs and attorney’s fees must comply with the dictates of Jenkins.
SCHOONOVER, A.C.J., and LEHAN and HALL, JJ., concur.
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Citator
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World ON Wheels OF Miami, Inc. v. Int'l Auto Motors, Inc., 569 So. 2d 836 (Fla. 3d DCA 1990)…erelictions do not reflect such a willful and flagrant disregard for the court’s authority as to warrant the imposition of the severe sanction of dismissal with prejudice. See Beasley v. Girten, 61 So. 2d 179 (Fla.1952); Blanco v. Allstate Ins. Co., 561 So. 2d 1370 (Fla. 3d DCA 1990); United States Fidelity & Guar. Co. v. Herr, 539 So. 2d 542 (Fla. 3d DCA 1989). We, accordingly, reverse the final order of dismissal and remand the cause for further proceedings with leave for the trial court in its discretion to…
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Nautical Mgmt. Ass'n, Inc. v. Culmer, 573 So. 2d 1043 (Fla. 3d DCA 1991)…trial to advise that he was experiencing car trouble while en route and would be late is not consistent with a willful and blatant disregard for the court’s authority so as to justify the harsh sanction of dismissal. See Blanco v. Allstate Ins. Co., 561 So. 2d 1370 (Fla. 3d DCA 1990); United States Fidelity & Guar. Co. v. State Supply Co., 548 So. 2d 893 (Fla. 3d DCA 1989); United States Fidelity & Guar. Co. v. Herr, 539 So. 2d 542 (Fla. 3d DCA 1989); Paris Int’l Records & Filmworks, Inc. v. Rodriguez, 539 So.…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)