CHRISTEL PLAZA CORPORATION, APPELLANT,
v.
SOUTHERN SKATING, INC., ET AL., APPELLEES

Fla. 3d DCA | 2002-11-06
No. 3D01-1993
Before COPE, LEVY, and FLETCHER, JJ.
829 So. 2d 382 Florida District Court of Appeal, Third District (2002)

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a dismissal of an intervention action for failure to timely file an amended complaint. Finding the dismissal too severe a sanction under the circumstances herein, which involved the actions of the intervener’s counsel and not his client, we reverse for reinstatement. See e.g. Town of Manalapan v. Florida Power & Light Co., 815 So. 2d 670 (Fla. 4th DCA 2002); Rosenberg v. Miller, 453 So. 2d 885 (Fla. 3d DCA 1984). Upon remand, the trial court may consider imposing a more appropriate sanction upon the attorney.

Reversed and remanded with directions to reinstate the action.


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