JENNIFER MUNOZ, ETC., ET AL., APPELLANTS,
v.
PEDRO ALVAREZ, M.D., ET AL., APPELLEES
SCHWARTZ, Chief Judge.
The plaintiffs appeal from an order dismissing their malpractice case because of a supposed violation of a court order to secure replacement counsel or give notice of their desire not to do so. See Kreiser Constr., Inc. v. Trafford, 699 So. 2d 251 (Fla. 3d DCA 1997).
Because the order does not, as required, state that the claimed noncompliance was willful or deliberate, see Walden v. Adekola, 773 So. 2d 1218 (Fla. 3d DCA 2000); Visoly v. Kluger, Peretz, Kaplan & Berlin, P.A., 707 So. 2d 427 (Fla. 3d DCA 1998) and, more important, because the circumstances revealed by the record show, as a matter of law, that no such finding could be properly rendered or sustained, see Commonwealth Fed. Savings & Loan Ass’n v. Tubero, 569 So. 2d 1271 (Fla.1990), the order on appeal is reversed and the cause is remanded for trial.
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Citator
Cited By
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Deer Valley Realty v. Beck & Lee, P.A., 260 So. 3d 413 (Fla. 3d DCA 2018)
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Cherry Roofing Enters., Inc. v. Bader (Fla. 4th DCA 2024)…anting the dismissal, and the trial court made no finding that appellant had intentionally disregarded the order of the court. Such an express written finding is essential to justify the severe sanction of default.” Id.; see also Munoz v. Alvarez, 774 So. 2d 801, 801 (Fla. 3d DCA 2000) (reversing order dismissing case for failure to comply with a court order to retain new counsel “[b]ecause the order does not, as required, state that the claimed noncompliance was willful or deliberate”); Visoly v. Kluger, P…
Authorities Cited
- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)
- Walden v. Professor Abel Adekola & The Dist. Bd. of Trs. of Miami-Dade Cmty. Coll., 773 So. 2d 1218 (Fla. 3d DCA 2000)
- Browning-Ferris Indus. Chem. Servs., Inc. v. Kargauer, 707 So. 2d 427 (Fla. 3d DCA 1998)
- Kreiser Constr., Inc. v. Trafford, 699 So. 2d 251 (Fla. 3d DCA 1997)