FERNANDO BLANCO, APPELLANT,
v.
ALLSTATE INSURANCE COMPANY, APPELLEE
PER CURIAM.
Upon the appellee’s confession of error with which we entirely agree, the final order dismissing the appellant’s complaint for failure of appellant’s counsel to attend a pretrial status conference is reversed [because, under the circumstances of this case, the subject dismissal was too severe a sanction 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.
Cases With Similar Vibessemantic neighbors from the corpus
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
- Livingston v. State, 481 So. 2d 2 (Fla. 1st DCA 1985)
- J.B. Muros Corp. v. Int'l Mall, Inc., 534 So. 2d 818 (Fla. 3d DCA 1988)
- United States Fid. & Guar. Co. v. Herr, 539 So. 2d 542 (Fla. 3d DCA 1989)
- Clark v. Suncoast Peach Corp., 263 So. 2d 247 (Fla. 2d DCA 1972)