NORA SIRIA MARTINEZ, APPELLANT,
v.
COLLIER COUNTY PUBLIC SCHOOLS, APPELLEE
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An employee appealed a workers' compensation judge's dismissal of her complaint without prejudice based on her counsel's failure to personally appear at a pretrial conference. The court reversed, holding that the dismissal was an abuse of discretion because counsel showed good cause for the absence and dismissal was an excessive sanction.
The court held that the dismissal was an abuse of discretion and reversed it. The court found that counsel's failure to appear was for good cause because it resulted from inadvertence or mistake rather than willful disregard of the judge's authority, and that dismissal without prejudice was too severe a sanction even if good cause did not exist.
[1] A dismissal without prejudice is considered a final order if its effect is to terminate judicial labor, such as when the statute of limitations would bar refiling the cla…
[2] A JCC abuses discretion by dismissing a complaint without prejudice for counsel's failure to appear at a pretrial conference when counsel demonstrates good cause for the…
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Join FLexlaw to unlock all legal intelligence“Dismissal without prejudice is final if its effect is to bring an end to judicial labor.”
Establishes that despite being without prejudice, the order is final and appealable where the statute of limitations bars refiling.
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Join FLexlaw to unlock all legal intelligenceNora Martinez filed a workers' compensation claim against Collier County Public Schools. At a scheduled pretrial conference, her counsel failed to app…
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BROWNING, J.
Appellant appeals the Judge of Compensation Claim’s (JCC) order which dismissed her complaint without prejudice because counsel failed personally to appear at a pretrial conference. Appellant argues the JCC abused his discretion by dismissing the complaint because counsel showed good cause for missing the conference and, in any event, it was counsel’s first transgression and it was of a type that does not warrant the JCC’s harsh action. Appellant further argues the dismissal without prejudice acts as a dismissal with prejudice because the statute of limitations would bar the claim upon refiling. Appel-lee argues that, because the dismissal was without prejudice, Appellant improperly appealed a non-final order. We agree with Appellant and reverse.
Dismissal without prejudice is final if its effect is to bring an end to judicial labor. See Carlton v. Wal-Mart Stores, Inc., 621 So. 2d 451 (Fla. 1st DCA 1993); see also Walden v. Adekola, 773 So. 2d 1218, 1219 (Fla. 3d DCA 2000) (holding that where the statute of limitations has run, a dismissal without prejudice operates as a dismissal with prejudice). It is uncontested that Appellant’s claim would be time-barred if refiled; thus, the order is final.
The evidence shows that counsel’s failure to appear was for “good cause.” Counsel appeared by telephone, and his failure to appear personally was due to a misunderstanding resulting from his secretary’s being unexpectedly out of the office for cancer treatment. This was his first offense in this case. This explanation constitutes “good cause,” as counsel’s action resulted from inadvertence or mistake, rather than from a willful disregard of the JCC’s authority. See Carlton, 621 So. 2d at 454, citing Hernandez v. Page, 580 So. 2d 793 (Fla. 3d DCA 1991). Notably, the JCC’s order does not contain the required finding that counsel’s failure to appear resulted from a willful disregard of the JCC’s authority. See Leonardo v. Grimming, 740 So. 2d 580, 581 (Fla. 4th DCA 1999) (reversing order of dismissal without prejudice because it did not contain an express finding of willful or deliberate refusal to obey a court order).
Furthermore, the JCC’s dismissal without prejudice was too severe a sanction to impose upon Appellant, even if “good cause” did not exist. See Catogas v. Sapp, 397 So. 2d 1182, 1183 (Fla. 3d DCA 1981) (holding that where record lacks evidence of willful or flagrant disregard for court’s authority, dismissing complaint without prejudice for failure of counsel to appear is too severe a sanction to impose upon a litigant); see also Garland v. Dixie Ins. Co., 495 So. 2d 785 (Fla. 4th DCA 1986) (holding dismissal of complaint without prejudice for failure of counsel to appear at pretrial conference was too severe a sanction where record did not show willful or intentional disregard of trial.court’s order); Anthony v. Schmitt, 557 So. 2d 656, 662 (Fla. 2d DCA 1990) (holding that where order did not contain findings of willful disobedience by trial counsel, dismissal of complaint without prejudice for failure of plaintiffs attorney to attend status conference, was too severe a sanction to impose upon plaintiff); Dave’s Aluminum Siding, Inc. v. C & M Ventures, 582 So. 2d 147 (Fla. 3d DCA 1991) (holding dismissal of complaint without prejudice for counsel’s failure to appear at case management conference was too severe a sanction where record lacked evidence that failure to appear was willful or flagrant disregard for court’s authority). The JCC abused his discretion by dismissing Appellant’s complaint without prejudice and is hereby REVERSED.
PADOVANO and LEWIS, JJ„ CONCUR.
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Cited By (22 total)
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Roxana Delgado v. J. Byrons, Inc., 877 So. 2d 822 (Fla. 4th DCA 2004)…t Stores, Inc., 763 So. 2d 1086, 1086-1087 (Fla. 4th DCA 1999)(case against one defendant was dismissed “without prejudice to plaintiffs refiling a separate suit,” and such an order is a final, appealable order); Martinez v. Collier County Pub. Sck, 804 So. 2d 559, 560 (Fla. 1st DCA 2002)(“Dismissal without prejudice is final if its effect is to bring an end to judicial labor.”). In the case at bar, the dismissal of Delgado’s cause ended the judicial labor as to her case and required her to file a new action…
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Murphy v. Wisu Props., Ltd., 895 So. 2d 1088 (Fla. 3d DCA 2004)…hough Rule 1.070(j) permits the refiling of the dismissed suit, the net effect of a dismissal under this Rule is to preclude the aggrieved party from proceeding further by amendment in the dismissed action. See Martinez v. Collier County Pub. Schs., 804 So. 2d 559, 560 (Fla. 1st DCA 2002)(“Dismissal without prejudice is final if its effect is to bring an end to judicial labor”); Hollingsworth v. Brown, 788 So. 2d 1078, 1079 n. 1 (Fla. 1st DCA 2001)(“when the trial court dismisses an action without prejudice t…
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Holden v. Donna Schutzman Bober, M.D., 39 So. 3d 396 (Fla. 2d DCA 2010)…r is to dismiss the case ... the language “without prejudice’ would not affect the finality of the order.” (alteration in original) (quoting Philip J. Padovano, Florida Appellate Practice § 21.2 (2d ed. 1997))); Martinez v. Collier County Pub. Sch., 804 So. 2d 559, 560 (Fla. 1st DCA 2002) (“Dismissal without prejudice is final if its effect is to bring an end to judicial labor.”).3 Because the passage of the statute of limitations effectively ended the judicial labor in this case, we treat the circuit court’s…
Previewing 3 of 22 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pansy O. Carlton v. Wal-Mart Stores, Inc., 621 So. 2d 451 (Fla. 1st DCA 1993)
- Hernandez v. Page, 580 So. 2d 793 (Fla. 3d DCA 1991)
- Anthony v. Schmitt, 557 So. 2d 656 (Fla. 2d DCA 1990)
- Garland v. Dixie Ins. Co., 495 So. 2d 785 (Fla. 4th DCA 1986)
- Cedars OF Lebanon Hosp. Corp. v. SUN Bank OF Riverside, 397 So. 2d 1182 (Fla. 3d DCA 1981)
- Walden v. Professor Abel Adekola & The Dist. Bd. of Trs. of Miami-Dade Cmty. Coll., 773 So. 2d 1218 (Fla. 3d DCA 2000)
- Dave's Aluminum Siding, Inc. v. C & M Ventures, 582 So. 2d 147 (Fla. 3d DCA 1991)
- Bellsouth Advertising & Publ'g Corp. v. AAA Speedy Appliance Serv., Inc., 740 So. 2d 580 (Fla. 4th DCA 1999)