DANIELLA CARLOW A/K/A DANIELLA VONBORSTEL, APPELLANT,
v.
EVRICK BLENMAN AND WASTE MANAGEMENT, INC., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellant, a pro se plaintiff in a personal injury suit, challenged the trial court's order dismissing her case for failing to obtain legal representation. The court upheld the trial court's authority to require counsel but reversed the dismissal because the trial court abused its discretion by allowing less than two weeks to secure representation.
The trial court did not abuse its discretion in requiring appellant to obtain counsel. However, the trial court abused its discretion by allowing less than two weeks to find representation. The dismissal order and the costs and fees award were vacated and the case was remanded with instructions to enter a modified order giving appellant at least thirty days to obtain counsel.
[1] A trial court may require a pro se litigant to obtain counsel in a personal injury suit.
[2] A trial court abuses its discretion by allowing a pro se litigant less than two weeks to obtain counsel.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Whether appellant was ordered to obtain counsel at the hearing on the order to show cause, or whether she became aware of the trial court's ruling at a later date, she had, at best, less than two weeks to find representation. This was an abuse of discretion.”
Establishes the court's holding that the insufficient timeframe constituted an abuse of discretion by the trial court.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant filed a personal injury suit and represented herself pro se. On October 8, 1993, the trial court issued an order to show cause regarding whe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Offer Of Judgment cases and more on FLexlaw
PER CURIAM.
Appellant, pro se plaintiff in a personal injury suit, challenges the trial court’s order dismissing her suit upon her failure to obtain representation. She argues that she be allowed to represent herself. Under the facts of this case, we find no abuse of discretion in the trial court’s ordering her to obtain counsel. See Rodriguez-Diaz v. Abate, 613 So. 2d 515 (Fla. 3d DCA 1993). We conclude, however, that the trial court abused its discretion in allowing her less than two weeks to find representation. Accordingly, we vacate the order of dismissal and remand for the entry of a modified order giving appellant thirty days to obtain counsel. We also vacate the order awarding the appellees costs and attorney’s fees because it was based on the order of dismissal.
On October 8, 1993, the trial court rendered an order requiring appellant to show cause why she should not be prohibited from representing herself, and why the trial court should not require that she obtain counsel. A hearing on the order was held on October 19, 1993. The transcript of the hearing is not contained in the record on appeal, so we do not know if appellant was at that time orally instructed as to the trial court’s ruling.
On October 27, 1993, the trial court rendered an order which required appellant to obtain counsel no later than November 1, 1993. Appellant failed to do so, and on November 1, 1993, the trial court rendered an order dismissing appellant’s case.
Whether appellant was ordered to obtain counsel at the hearing on the order to show cause, or whether she became aware of the trial court’s ruling at a later date, she had, at best, less than two weeks to find representation. This was an abuse of discretion. See Rodriguez-Diaz, 613 So. 2d 515 (trial court’s order prohibiting plaintiff from representing himself modified to allow plaintiff thirty days after opinion becomes final to secure counsel).
The trial court subsequently awarded appellees costs and fees pursuant to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes,1 based on the appellant’s failure to accept an offer of judgment and the ultimate dismissal of the suit. Because we are vacating the order of dismissal, we must also set aside this award.
Accordingly, we vacate the order dismissing appellant’s suit, as well as the order awarding appellees fees and costs. On” remand, the trial court shall enter a modified order requiring appellant to obtain representation, allowing her at least thirty days from the date of the modified order to retain counsel.
Orders vacated and cause remanded with directions.
CAMPBELL, A.C.J., and PARKER and LAZZARA, JJ., concur. . The record does not reflect which version of the statute the trial court used as the basis for the award. We note, however, that the appellant’s complaint is based on an incident allegedly occurring on July 18, 1988. Thus, any subsequent motion for costs and fees based on the rejection of an offer of judgment must be determined in accordance with the statute in effect on that day and the case law interpreting that statute. See Versprill v. School Bd. of Orange County, 641 So. 2d 883 (Fla. 5th DCA 1994); Brodose v. School Bd. of Pinellas County, 622 So. 2d 513 (Fla. 2d DCA 1993); Kline v. Publix Supermarkets, Inc., 568 So. 2d 929 (Fla. 2d DCA 1990).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Paoli v. Natherson & Co., P.A., 750 So. 2d 46 (Fla. 2d DCA 1999)…red void. Thus, we reverse that portion of the final judgment that awards Natherson & Co. $90,015.39 for breach of an employment agreement, together with the prejudgment interest and attorneys’ fees attributable to that claim. See Carlow v. Blenman, 652 So. 2d 479 (Fla. 2d DCA 1995). Prior to submission of the counterclaims to the jury, the trial court entered final summary judgment against Paoli on his claims for involuntary dissolution of the partnership. Upon dissolution, the existing debts of the company…
-
Howell v. Pasco Cnty. & Outlaw Ridge, Inc., 170 So. 3d 12 (Fla. 2d DCA 2015)…further proceedings. Howell v. Pasco Cnty., 165 So. 3d 12 (Fla. 2d DCA 2015). Because the underlying final summary judgment has been reversed, we reverse the award of costs that is based on the reversed summary final judgment. See Carlow v. Blenman, 652 So. 2d 479, 480 (Fla. 2d DCA 1995); Mason v. Porsche Cars N. Am., Inc., 689 So. 2d 349, 349 (Fla. 5th DCA 1997). Reversed and remanded. CASANUEVA and LaROSE, JJ., Concur.…
Authorities Cited
- Kline v. Publix Supermarkets, Inc., 568 So. 2d 929 (Fla. 2d DCA 1990)
- Brodose v. The Sch. Bd. OF Pinellas Cnty., 622 So. 2d 513 (Fla. 2d DCA 1993)
- Rodriguez-Diaz v. Abate, 613 So. 2d 515 (Fla. 3d DCA 1993)
- Nannette Versprill v. Sch. Bd. of Orange Cnty. Fla., 641 So. 2d 883 (Fla. 5th DCA 1994)